policy formulation - The Legal Chamber

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...

The Supreme Court upheld the constitutional validity of Telangana's rules defining 'local candidates' for medical admissions. It ruled that the classification, based on consecutive years of study/residence within the state, is not arbitrary and falls within the legislative competence under Article 371D, Entry 25 of List III, and the relevant Presidential Order. Facts Of The Case: The case originated from challenges to the Telangana Medical & Dental Colleges Admission Rules, 2017, and their 2024 amendment, which defined 'local candidates' eligible for 85% state quota seats. The definition required candidates to have studied in educational institutions within the state for four consecutive years ending with the qualifying examination, or to have resided there for the same period if not...

Tag: policy formulation

Domicile vs. Study: Supreme Court Explains Who Qualifies as a “Local” for Medical Seats