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Transgender included in OBCs: Karnataka High Court

The Karnataka government today submitted before the Karnataka High Court a proposal to include transgenders as one of the categories in “Other Backward Classes” (OBCs) for the purpose of recruitment.

The bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi was hearing a petition filed by an organization named Sangama, challenging a police constable recruitment notification, since it violated the transgender person’s rights. The said notification said transgender people were not allowed to apply to the said posts.

The petitioner organization has asked the court to direct the respondents to treat transgender persons as a separate category in the appointment of special reserve police constables and bandsman posts and to make a reservation policy for them.

Further, the Court said that this issue will have to be considered in the light of Article 342 A of the Constitution of India.

The Bench further clarified that the role of Commission was question to be considered.

“Even if the State Government constitutes Backward Classes Commission, what role it can play in considering a category as a backward class.”
In this regard, the Court granted the petitioner Advocate Tarjani Desai and Advocate General Prabhuling Navadgi additional time to address the Court on this issue.
The State Government further mentioned that it had to ensure that reservation does not cross 50%.
The matter will be next heard on October 16.

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