In a significant hearing on transgender rights in public employment, the Supreme Court of India on April 10, 2026, expressed prima facie disagreement with how the Delhi High Court handled a plea seeking inclusive recruitment policies. The Court issued notice to the Government of NCT of Delhi while granting interim relief to the petitioner.
Background of the Case
The case, Jane Kaushik v. Lieutenant Governor, NCT of Delhi & Ors., arises from a petition seeking structural changes in recruitment policies for transgender persons, especially in teaching positions.
The petitioner had approached the High Court requesting separate vacancies, relaxation in qualifications and age, and implementation of the Transgender Persons (Protection of Rights) Act, 2019 along with its Rules. She also sought correction of her gender and name details in the Delhi Subordinate Services Selection Board’s application system and reservation in public employment.
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However, the High Court disposed of the plea, asking the petitioner to approach an Advisory Committee formed earlier by the Supreme Court.
The bench noted that the petitioner had earlier approached the top court under Article 32, leading to the judgment in Jane Kaushik v. Union of India (2026), where several directions were issued for implementing transgender rights law.
The Court had also constituted an Advisory Committee led by Justice (Retd.) Asha Menon to examine broader policy issues such as equal opportunity frameworks, grievance redressal, and inclusive healthcare.
During the hearing, the bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan observed that most issues raised by the petitioner had already been addressed in the earlier Supreme Court judgment.
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However, the Court identified a narrower issue that still required consideration - the absence of specific vacancy notifications and relaxation criteria for transgender candidates in Delhi government jobs.
Importantly, the bench questioned the High Court’s decision to redirect the petitioner to the Advisory Committee.
“The Committee possesses no adjudicatory powers,” the bench noted, indicating that such a forum may not be appropriate for resolving individual legal grievances.
Taking note of the petitioner’s situation, the Court allowed her to continue applying for teaching posts under the transgender category, irrespective of gender-specific vacancy classifications.
This relief mirrors an earlier arrangement during the pendency of proceedings before the High Court, ensuring that the petitioner is not excluded from ongoing recruitment processes.
The Supreme Court issued notice to the respondents and scheduled the matter for further hearing on May 14, 2026.
The Court also permitted service of notice through standing counsel and allowed additional modes of service to ensure timely proceedings.
Case Details
Case Title: Jane Kaushik v. Lieutenant Governor, NCT of Delhi & Ors.
Case Number: SLP (Civil) No. 12480 of 2026
Judges: Justice J.B. Pardiwala and Justice K.V. Viswanathan
Decision Date: 10 April 2026
