The Andhra Pradesh High Court on Monday pressed the State government to take a firm and time-bound decision on whether transgender persons will receive a separate 1% reservation in public employment. The bench, comprising Justice Dev and Justice AHHS, indicated that the matter cannot be allowed to linger indefinitely, especially when other States such as Karnataka have already implemented such a policy.
Background
The case stems from a 2019 petition filed seeking meaningful implementation of the Supreme Court’s landmark NALSA v. Union of India ruling, which recognized transgender persons as a third gender and directed governments to ensure their social and economic inclusion. A Single Judge of the High Court had earlier passed directions in 2022. However, the petitioner has argued that the State’s response has been slow, unclear, and lacking concrete action on the specific demand for job reservation.
During earlier hearings, the Court had demanded a detailed status report on steps taken to follow the NALSA judgment. The State eventually submitted a report, though it arrived after delays. The petitioner filed objections stating the report was superficial and did not address real barriers faced by transgender applicants in government recruitment.
Court’s Observations
In Monday’s hearing, the State’s Additional Advocate General acknowledged the delay and said the government has a general policy in place. However, he also admitted that the specific question of reservation-on the lines of Karnataka’s 1% horizontal quota-had not been considered.
The petitioner’s counsel argued bluntly that “the government has not understood the spirit of the Supreme Court’s ruling.” He stressed that without a dedicated reservation, transgender persons will remain effectively excluded from public sector careers because of deep social discrimination and lack of early-life support systems.
The bench appeared sympathetic to these concerns. “The issue carries significant social importance,” the bench remarked. “We expect the State Government to examine the Karnataka policy seriously and come back with a positive and well-reasoned decision.”
At one point, the Court noted, "The State must not treat this as a mere formality. The direction from the Supreme Court was a mandate for inclusion, not paperwork."
A senior Home Department official who had earlier been directed to appear in person was present, but after today’s compliance, the Court dispensed with the requirement of continued personal appearance going forward.
Decision
The Court granted the State additional time to deliberate on whether to extend 1% horizontal reservation to transgender persons in public employment, clarifying that the delay should now translate into substantial policy evaluation rather than routine file movement. The matter has been posted for the State to present its decision on 24 November 2025.
The order ends at this point, without any further directions.
Case: State of Andhra Pradesh vs. Appellant (W.A. No. 547 of 2022)
Court: High Court of Andhra Pradesh, Amaravati
Bench: Justice Dev & Justice AHHS
Date of Order: 27 October 2025