Supreme Court allows application under ‘trans’ category for Delhi teacher recruitment, takes up inclusion plea

The court allowed Jane Kaushik to make an application as a transgender person on the DSSSB’s online application registration system (OARS) portal.

The Supreme Court on Friday permitted a transwoman to apply under the “transgender” category for recruitment as a teacher in Delhi government schools, while agreeing to examine her broader plea seeking separate vacancies and a comprehensive recruitment policy for transgender persons in public employment under the Delhi government.

Supreme Court was informed that the petitioner had already registered on the OARS portal but was not able to apply since the portal only had “male” and ”female” categories. (File Photo/ANI)

A bench of justices JB Pardiwala and KV Viswanathan issued notice to the Delhi government, the directorate of education (DoE), the department of social welfare, the Delhi subordinate services selection board (DSSSB), and the Union government on the petition filed by Jane Kaushik, 31.

Passing an interim order, the court allowed Kaushik to make an application as a transgender person on the DSSSB’s online application registration system (OARS) portal after her counsel pointed out that the platform continued to restrict applicants to binary gender categories of “male” and “female”.

“We grant the same relief,” ordered the bench, referring to an earlier order of a single judge of the Delhi High Court that had permitted Kaushik to apply under the transgender category.

The court was informed that Kaushik had already registered on the OARS portal but was not able to apply since the portal only had “male” and ”female” categories. Taking note of the relief granted during the pendency of proceedings before the high court, the bench extended similar protection, ensuring that her application would not be rejected on the ground of gender classification.

Kaushik’s petition raised wider issues concerning the recognition of transgender persons in public employment and the absence of specific provisions for their inclusion in recruitment processes. Kaushik has sought directions for notifying separate vacancies for transgender persons in teaching posts, framing a dedicated recruitment policy, and extending relaxations in age and qualifications in line with statutory mandates.

Her plea also sought implementation of the Transgender Persons (Protection of Rights) Act, 2019, and the corresponding Rules of 2020, which mandate non-discrimination in employment and require institutions to ensure equal opportunity.

The matter has a long procedural history, having earlier been considered by the Delhi High Court. In January 2023, a single judge bench of justice Prathiba M Singh had allowed Kaushik to apply for teaching posts as a transgender candidate, directing that her application be processed irrespective of gender specifications in vacancy notifications. The high court had noted that Kaushik, a qualified candidate holding degrees in political science, education, and early childhood care, had been unable to apply for teaching posts due to exclusionary practices in recruitment notifications and the application portal.

In its October 2025 judgment, the Supreme Court had described the statutory protections available to transgender persons as a “dead letter” due to poor implementation and had set up an eight-member advisory committee headed by former Delhi HC judge Justice Asha Menon. The panel was tasked with formulating an Equal Opportunity Policy covering employment, education, healthcare, and other aspects.