To reform the Karnataka Civil Services (General Recruitment) rules, 1977, the Karnataka Government has decided to reserve 1 percent of the vacancies in the State Government’s posts for transgender candidates in each category of General merit, SC, ST and in each of the OBC categories. The government has proposed to amend Rule 9, sub rule (1) (d) and rule 16 of the said rules.
The memo was filed during the hearing of a petition filed by Sangama, a society which works for the upliftment of sexual minorities and sex workers. The petitioners relied on apex court’s judgment in the case of NALSA v Union of India, as Trans genders were recognized in it. They argued that the recruitment process only applies to men and women and is discriminatory to Trans genders.
The final notification is to be issued once all the objection to these rules have been considered.
In the amendment of sub rule (1) of the rule 9 the following shall be inserted:
“(ID) Notwithstanding anything contained in the rules of recruitment specially made in respect of any service or post, in all direct recruitment one percentage of vacancies set apart for that method in each of the categories of General Merit, Scheduled Castes, Scheduled Tribes and in each of the categories among Other Backward Classes shall, subject to any general instructions that may be issued by the Government regarding the manner of appointment, be filled from among transgender candidates:
Provided that, every Appointing Authority shall provide a separate column of “Others” along with male gender and female gender in the application for recruitment to any category of Group-A, B, C or D posts for the convenience of transgender persons. The Recruitment Authority or the Appointing Authority shall not discriminate a transgender person while making selection of appointment to any category of post.
The government has defined a transgender person as under Clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (Central Act 40 of 2019).”
By Team SLC