State Government’s reply to the petitioner’s petition in Bombay High Court; He was classified as ‘male’ by karyotyping test
State Government’s reply to the petitioner’s petition in Bombay High Court; He was classified as ‘male’ by karyotyping test
The Maharashtra government recently informed the Bombay High Court that it will appoint a female with male chromosomes to a non-constabulary post under the Nashik Rural Police Recruitment (NRPR) process.
A division bench of Justices Revati Mohite Dere and Madhav Jamdar was hearing a petition filed by the petitioner in 2018, when she was 19 years old. He had filed an online application for NRPR under Scheduled Caste (SC) Reserved Category. She appeared for the written test as well as the physical test, and scored 171 out of 200. He was then sent to the Government JJ Hospital for his medical examination.
There she was told that the karyotyping test had not been done at JJ Hospital, she was referred to the National Institute of Immunohaematology, where it was found that “XY” chromosomes were visible in her blood. After receiving the report, JJ Hospital issued a letter to the Superintendent of Police (SP) of Nashik Rural, Nashik giving his opinion that the petitioner was a “male”.
Meanwhile, the petitioner did not receive any reply despite qualifying in NRPR. Then he applied under Right to Information Act to know his status in Police Recruitment Merit List. Nashik Rural SP informed the petitioner that the merit list for men in SC category closed at 182 marks and for women in SC category at 168 marks. The petitioner had filed his application in the women SC category and secured 171 marks.
The petitioner then addressed a letter to the Special Inspector General of Police (IGP), Nashik Zone, stating that he had obtained 171 marks and had filed an application under SC category; She had been living as a woman since her birth and had all her educational certificates and personal documents, i.e. ID proof, birth certificate, etc., registered in her name as a woman, and was not aware of the karyotyping test . Result.
The court said: “It is an extremely unfortunate case. The petitioner comes from a poor economic section of the society; Her parents are sugarcane cutters and she had no idea her anatomy was different. Abdominal ultrasound showed that her uterus and ovaries were absent and a prostate-like structure was seen at the base of the bladder. Karyotyping test stated that the petitioner was a ‘male’. Be that as it may, the medical condition of the petitioner does not require us to be in custody with regard to the sympathetic stand and the action proposed by the State Government. The petitioner, though selected in 2018, is awaiting appointment since then. The wait has already been too long. ,
The court accepted the position of the state to accommodate the petitioner in the police department, albeit in a non-constabulary post, which was accepted by the petitioner.