In a hearing that stretched through the late morning, the Gauhati High Court on Thursday raised serious questions over how the Assam Police handled its recruitment drive for transgender candidates. The bench, led by Chief Justice Ashutosh Kumar, noted that the State seemed “far from ready” to conduct a genuinely inclusive recruitment process, even though a public advertisement had technically opened the door for transgender applicants.
Background
The case was brought by the All Assam Transgender Association, which argued that the police advertisement for Sub-Inspector and Constable posts was discriminatory in structure. Their main objection was simple: transgender candidates were clubbed with male candidates, while women had separate seats. This, the petitioner argued, forced female transgenders to undergo the same physical tests as biological males-an arrangement they described as both unfair and uninformed.
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Interestingly, the recruitment process is already over, and not a single transgender person applied. But as the Chief Justice pointed out, the absence of applicants cannot be treated as acceptance. Instead, it likely reflects a flawed system that dissuaded people from participating in the first place.
Court’s Observations
The bench spent considerable time examining why the process had gone wrong. “The bench observed, ‘If you place transgender persons in a category where the rigors are mismatched, you cannot expect fair participation.’” The judges stressed that the issue was not merely about counting seats but about ensuring dignity and equal opportunity.
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Government counsel informed the court that a State Level Transgender Protection Cell was established in 2022, and identity cards are already being issued to transgender persons for accessing welfare schemes. A proposal to classify the transgender community as a socially and educationally backward class has also been forwarded for Cabinet approval.
The court acknowledged these steps but insisted that real inclusion demands clear, practical rules for recruitment. Chief Justice Kumar suggested that male and female transgenders should undergo physical tests aligned with their chosen identity-similar to how binary male and female candidates are evaluated. He noted that this approach is consistent with the Transgender Persons (Protection of Rights) Rules, 2020, which emphasize dignity, welfare, and non-discrimination.
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Another point the bench highlighted was the larger constitutional framework shaped by the Supreme Court in NALSA (2014) and Navtej Johar (2018)-both landmark rulings affirming that gender identity forms the core of personal dignity. “The bench remarked, ‘Recognition is not enough. Without practical measures, inclusion remains on paper.’”
Decision
Before closing the hearing, the court directed the Assam Government to spell out its concrete plan. Specifically, the judges asked for updates on:
- Whether the Cabinet has approved reservation for transgender persons in education and employment
- How the recruitment process will be redesigned to accommodate both male and female transgender applicants fairly
- What steps are being taken to ensure meaningful participation of the transgender community in public employment
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The matter will next be heard on February 11, 2026, when the State must present its roadmap. With that, the bench adjourned the proceedings.
Case Title: All Assam Transgender Association vs. State of Assam & Ors.
Case No.: PIL/6/2022
Case Type: Public Interest Litigation (PIL)
Decision Date: 27 November 2025
