SC opens door for transwoman to apply for Delhi teaching posts beyond gender categories

The Supreme Court of India has granted interim relief to a transwoman, allowing her to apply for Delhi government teaching posts under the transgender category, irrespective of whether vacancies are marked for male or female candidates. The order came while a bench of Justice JB Pardiwala and Justice KV Viswanathan heard a petition filed by Jane Kaushik.

Challenge to binary-only job notifications

Kaushik moved the court after authorities, including the Delhi Subordinate Services Selection Board, advertised teaching posts strictly under male and female categories. She had already registered as a transgender candidate on the DSSSB’s recruitment portal but was unable to apply freely due to the binary classification of vacancies.

Court flags High Court approach

The apex court also issued notice to Delhi authorities and observed that the Delhi High Court erred in directing Kaushik to approach an advisory committee. It clarified that such committees do not have adjudicatory powers and cannot replace judicial remedies.

Relief mirrors earlier protection

Notably, the court extended similar relief that had earlier been granted during proceedings before the High Court—allowing Kaushik to apply under the transgender category regardless of vacancy labels. The matter will continue as the court examines broader issues around recruitment policies.

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Background: Past discrimination and landmark ruling

Kaushik has been pursuing legal remedies since facing job termination from two schools due to her gender identity. In a 2025 ruling, the Supreme Court had awarded her compensation and flagged systemic discrimination.

The court had also cited lapses in implementing the Transgender Persons (Protection of Rights) Act, 2019 and related rules, calling it “omissive discrimination” by institutions and states.

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Push for policy reform underway

A committee led by former judge Justice Asha Menon is currently working on a model policy for equal opportunity in employment and education for transgender persons. The latest order ensures that, pending broader reforms, candidates like Kaushik are not excluded from opportunities due to rigid gender classifications.