Isabella Mariam

The High Court of Andhra Pradesh, Division Bench of Justice Battu Devanand and Justice A. Hari Haranadha Sarma expressed its expectation that the State Government would take a positive decision on introducing reservations for transgender persons in public employment. The Bench was informed that the Karnataka Government, acting on the directions of the High Court of Karnataka, had already extended special reservation to transgender individuals. Taking note of this development, the Andhra Pradesh High Court directed the State to examine the feasibility of adopting a similar measure. The Court observed that although a policy had been framed in compliance with prior directions, the aspect of providing horizontal reservation had not yet been considered, and adjourned the matter for further hearing on November 24, 2025.

The case concerned a writ appeal before the High Court of Andhra Pradesh relating to the implementation of directions issued by the Supreme Court in National Legal Services Authority v. Union of India (2014). The matter pertained to the recognition and protection of the rights of transgender persons, particularly with regard to inclusion in public employment.

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In compliance with earlier orders, the Principal Secretary to the Government, Home Department, appeared before the Court. The State submitted that a report sought by the Court had been filed and that the delay in submission was due to steps being taken to amend discrepancies in the earlier order. The Additional Advocate General stated that the State Government had already formulated a policy consistent with the directions of the Apex Court and was in the process of implementing the same.

The appellant’s counsel contended that the State had failed to properly consider the judgment of the Supreme Court and pointed out that, following the directions of the Karnataka High Court, the Government of Karnataka had introduced special reservation for transgender persons in public employment. It was argued that the Andhra Pradesh Government had not examined a similar measure or taken comparable action. In response, the Additional Advocate General requested time to place the issue before the State Government to evaluate the feasibility of providing such reservation. The Bench took note of both submissions and considered the necessity of further examination by the State.

The Division Bench recorded that, as per its previous order, “Mr. Kumar Vishwajeet, Principal Secretary to Government, Home Department, appeared in person.” It noted that the State, through the Additional Advocate General, had submitted that “the report sought by this Court by order, dated 19.12.2024 has been filed before this Court on 10.10.2025.” The Court was informed that the delay was due to a discrepancy in the earlier order, which the State had sought to amend.

The Bench recorded the submission that “prior to the order of the learned Single Judge... the State Government has formulated a policy on this aspect and in compliance of the order... appropriate steps are being taken to implement the directions issued by the Apex Court in National Legal Services Authority v. Union of India.”

It also noted the appellant’s contention that “the State Government did not consider the judgment of the Apex Court in proper perspective and no steps have been taken... like the Government of Karnataka to address the problems being faced by the transgender in public employment.” The Additional Advocate General sought time to examine “the feasibility to provide special reservation to the transgender in the public employment taking into consideration the decision of the Government of Karnataka.”

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The Court recorded that “in view of the importance of the issue involved in the present case, this Court expects that the State Government will come with a positive decision after examining the policy of the Karnataka Government to extend 1% horizontal reservation to the transgender in the public employment at an early date.” It accordingly directed that “to enable the State Government to place its stand/decision on this aspect before this Court, post on 24.11.2025.” The appearance of the Officer before this Court is hereby dispensed with” and directed the deletion of the notation “for appearance” from the case caption.

Advocates Representing the Parties

For the Appellant: Mr. Solomon Raju, Advocate
For the Respondents: Mr. Sambasiva Pratap, Additional Advocate General

Case Title: Matam Gangabhavani v. State of Andhra Pradesh and Anr
Case Number: Writ Appeal No. 547 of 2022
Bench: Justice Battu Devanand and Justice A. Hari Haranadha Sarma