CHENNAI: The Madras High Court has made a strong pitch for providing reservation for transpersons in public employment, besides other relaxations and concessions for socially and economically backward classes.
Quashing the TN Uniformed Services Recruitment Board’s (TNUSRB) orders — which disqualified certain transpersons from appearing for grade-II police constable tests for 2017-18, 2019, and 2020 — Justice MS Ramesh recommended that the State government provide reservation for transpersons.
“In the light of the findings and directions in NALSA, Aradhana, as well as in the present case, this court strongly recommends to the Government of Tamil Nadu for providing a specified percentage of special reservation for the TGs in matters of future public employments, apart from other relaxations and concessions extended to socially and economically backward classes,” he said in an order pronounced on Wednesday.
He noted a submission of the petitioner’s counsel that Karnataka has been providing one per cent reservation for transpersons in recruitment to government jobs. The judge further recommended that relaxations be provided in tests pertaining to physical measurements, endurance, and physical efficiency for transpersons who identify as ‘male’ or ‘third gender’, on a par with the concessions extended to women and other socially and economically backward classes, for selection to as constables.
While quashing the disqualification order, Justice Ramesh directed the TNUSRB to treat all the petitioners as having qualified in the initial selection process, including the written examination, and forthwith subject them to the tests for appointment as grade-II constables and complete the process within eight weeks.
Deprivation of the relaxations and concessions offered to female candidates in the physical measurement tests, endurance tests, and physical efficiency tests to transpersons who identify as ‘male’ or ‘third gender’ is arbitrary and unreasonable, apart from infringing on their fundamental right under Article 16(1), the order said.
Since the selection process itself is found to be unconstitutional, illegal, irrational, and unreasonable, the selection process, insofar as it pertains to the failure to provide reservations and concessions for the transpersons concerned, would be amenable for judicial review by this court, it further said.