Karnataka government informed the Karnataka High Court about providing 1 percent horizontal reservation in all general as well as reserve categories for the third gender. With that, Karnataka becomes the first Indian state to provide reservation for the transgender candidates in public employment.
The division bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj was informed about the amendments in Karnataka Civil Services General Recruitment (Rules), 1977.
“We have perused the amendments made by the State government to Karnataka Civil Services General Recruitment (Rules), 1977 by the Karnataka Civil Services Recruitment Amendment (Rules), 2021 by incorporating sub rule 1 (D) in rule 9. Clause 1 D provides for one percent horizontal reservation for transgenders,” the bench noted.
The notification was issued over a plea filed by Sangama, a society working for the upliftment of sexual minorities, sex workers and people infected with HIV.
Relying upon the Supreme Court judgment in matter of NALSA vs Union of India, (2014) SSC 438, Advocate B T Venkatesh contended that the state in its appointment notification calls for filling up of the vacancies, specifies only ‘Men’ and ‘Women’ as the genders which can apply for the vacancies; throughout the impugned notification the age, weight, and other specifications are given pertaining separately only to ‘Men’ and ‘Women’, in total disregard of the ‘Third Gender’.
What is Horizontal Reservation?
It refers to the equal opportunity provided to other categories of beneficiaries such as women, veterans, the transgender community, and individuals with disabilities, cutting through the vertical categories. Article 15 (3) of the Constitution contemplates horizontal reservation.
What is Vertical Reservation?
Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes is referred to as vertical reservation. It applies separately for each of the groups specified under the law. Article 16(4) of the Constitution contemplates vertical reservation.