Supreme Court faults High Court for directing transgender teacher to powerless committee

The Court is examining whether the High Court erred in directing the petitioner to approach an Advisory Committee that lacks adjudicatory powers.

Who it concerns: Petitioner: Jane Kaushik; Respondents: Lieutenant Governor, NCT of Delhi & Ors.; Bench: Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice K. Vinod Chandran.

What the court decided

• The Court noted that the High Court committed an error in directing the petitioner to approach the Advisory Committee, as the Committee possesses no adjudicatory powers.
• The Court issued notice returnable on 14.05.2026.
• The Court permitted the petitioner to apply under the transgender category for vacancies, ignoring the gender mentioned in the vacancy advertisement.
• The Court directed that the interim order continue.
• The Court listed the matter for hearing on 31.07.2026.

Also in the document

• The Court observed that the petitioner has already been registered with the OARS Portal of the respondent.
• The Solicitor General for India sought appropriate instructions to file an affidavit.
• The Court referenced its previous judgment in Jane Kaushik v. Union of India (2026 (1) SCC 336) which issued binding directions regarding the Transgender Persons (Protection of Rights) Act, 2019.