The Supreme Court on Friday raised concerns over the Delhi government's recruitment policy, questioning how transgender candidates can apply for government jobs when vacancies are advertised only under male and female categories. The court directed the Delhi government to file a detailed affidavit explaining how such candidates are accommodated in the recruitment process.

A bench comprising Justices J.B. Pardiwala and K. Vinod Chandran observed that merely introducing a third gender option in the online application portal is not sufficient if transgender applicants are still unable to compete for posts classified exclusively as male or female.

The court stressed that the recruitment process must ensure meaningful participation for transgender candidates rather than limiting inclusion to the application stage.

Court Seeks Clarity on Recruitment Process

During the hearing, the bench questioned the practical implementation of the policy, asking how transgender applicants would be considered for jobs when advertisements continue to divide vacancies into gender-specific categories.

The judges noted that while allowing candidates to identify as a third gender is a positive step, the larger issue is whether they remain eligible for recruitment once they submit their applications.

The Delhi government has now been asked to file a detailed affidavit addressing these concerns.

Third Gender Option Added to Application Portal

Appearing for the Centre, Solicitor General Tushar Mehta informed the court that following the Supreme Court's earlier observations, the online recruitment portal now includes a third gender option.

He also told the bench that the petitioner has already submitted an application using the updated portal.

However, Mehta argued that any decision regarding reservation or separate recruitment provisions for transgender persons falls within the domain of the legislature and cannot be introduced through judicial directions alone.

'They Are Also Human Beings': Supreme Court

Counsel for the petitioner argued that several recruitment notifications issued by the Delhi government continue to classify vacancies strictly as "Male" or "Female."

The lawyer cited examples of teaching posts such as PGT Biology (Female) and PGT Chemistry (Male), where transgender candidates may find themselves excluded despite having the required qualifications.

Responding to the submissions, the bench made a strong observation:

"They are also human beings. Look at them with empathy."

The judges emphasized that recruitment policies should reflect dignity, fairness, and equal opportunity for every eligible applicant.

Concern Over Possible Exclusion

The Supreme Court further observed that even after successfully submitting an application under the third gender category, a transgender candidate could still be rejected if the advertised post is reserved exclusively for either male or female applicants.

The bench said this creates uncertainty and raises serious questions about equal access to public employment.

It therefore directed the Delhi government to clearly explain how transgender applicants are evaluated during the recruitment process and whether any mechanism exists to prevent discrimination.

Reservation a Policy Matter

During the proceedings, the Solicitor General maintained that while administrative changes such as adding a third gender option can be implemented, any policy on reservation for transgender persons requires legislative action.

The court did not issue any direction on reservation but confined the present hearing to the issue of participation and eligibility in recruitment.