Provide specific reservation for transgenders: Madras High Court to Tamil Nadu government
Chennai:
The Madras High Court on Wednesday urged the Tamil Nadu government to provide a specified percentage of special reservation for transgenders/third gender (TG) in future public employment, apart from other relaxations and concessions given to socially and economically backward classes. Recommended.
Justice MS Ramesh made the recommendation while allowing a batch of writ petitions of Sartha, a TG and seven others.
The judge also made a case for the government to provide relaxation in physical measurement, stamina and physical efficiency tests for TGs who identify themselves as ‘male’ or ‘third gender’, for women candidates and other socially are equal to the concessions granted. and economically backward classes.
The judge said that while granting any reservations, concessions and exemptions to TGs, the State Government shall take into account the proportion adopted for granting equal privileges to other socially and economically backward classes and to determine these privileges for TGs. will take a similar approach. ,
The petitioners submitted that concessions and relaxations were granted to them in the Grade-II Constable and General Recruitment procedures for 2017-18, 2019 and 2020 conducted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB). are insufficient and inconsistent with the orders passed by the Supreme Court and this Court and the same amount to hostile discrimination.
He sought reservations, relaxations and concessions for the purpose of considering his candidature in the ongoing recruitment process.
Allowing the petitions, the judge quashed the disqualification of the petitioners from the recruitment process for the Grade-II constable posts conducted by TNUSRB for the years 2017-18, 2019 and 2020 and directed the agency to provide all the petitioners eligible Believe it The preliminary selection process, which also includes written examination and will be subject to physical measurement test, endurance test and physical efficiency test, as per relaxation norms applicable for appointment of female candidates as Grade-II constables.
The judge said the process would be completed within eight weeks.
The judge observed that the relaxation in upper age limit for TGs cannot be termed as “reservation” but a relaxation which would enable them to come under the domain of consideration and keep them at par with the general category.
Earlier, the judge pointed out that the Supreme Court, while dealing with the National Legal Services Authority (NALSA) case, had specifically directed the state governments to provide reservation in public employment, in which women applying under the category of third gender was included. Reservation for women candidates.
Otherwise, it would violate their fundamental right to equality before law and equality of opportunity in public employment, guaranteed under Articles 14 and 16(1) of the Constitution.
The failure on the part of TNUSRB to provide any kind of reservation for TGs in the male category and to keep them at par with the general category candidates is violative of the Articles and is not only unconstitutional but also illegal as it defies the directive Provide reservation in public employment, as ordered in the NALSA case.
Depriving TGs, who identify themselves as ‘male’ or ‘third gender’, of the relaxations and concessions given to female candidates in physical measurement, endurance and physical efficiency tests, besides violating their fundamental right , is arbitrary and unfair. Article 16(1) the judge said.