HC threatens to stay constable recruitment


TNUSRB told to allow five transgenders to participate in physical endurance test

The Madras High Court on Tuesday warned the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) of staying the entire ongoing process for recruitment of Grade II police constables in the State if five transgenders were not allowed to participate in the physical endurance test as ordered by the court on November 14.

Justice N. Anand Venkatesh said: “There shall be a direction to TNUSRB to comply with the interim orders passed by this court on or before Thursday. This case will be posted on Friday. If by then, the interim order is not complied with, the entire process of selection to Grade-II Police Constable will be stayed by this court.”

The issue related to individual writ petitions filed by five transgenders who had scored less than the minimum qualifying marks of 38 in the written examinations to be eligible to move to the next stage of participating in the endurance test.

The petitioners had scored between 30 and 35 marks and therefore declared as ineligible.

However, they had approached the court stating that the government had relaxed the minimum qualifying marks to as low as 28 for those applying under sportspersons quota, 29 for destitute widows and 32 for ex-servicemen.

Therefore, a similar relaxation must be provided for the transgender too, they reasoned.

Board objects

Though the TNUSRB vehemently objected to their plea by claiming that transgenders were already being accorded the relaxations applicable to the Most Backward Class (MBC) category, Justice M. Dhandapani had, on November 14, directed the board to permit them to participate in the physical endurance test and keep the results in a sealed cover.

In the meantime, there was a change in the portfolio allocated to judges, and hence the case got listed before Justice Venkatesh on Tuesday when an Additional Advocate General informed the court that the board had decided to take the interim order on appeal and therefore it did not comply with it so far.

Irked over such a submission, the judge said: “By complying the interim orders, the petitioners will not get any undue advantage and ultimately, only after the disposal of the writ petitions, the petitioners will know where they stand. The interim order was passed by this Court for two reasons.

“The first reason is that the transgenders have been treated with discrimination for a very long time and they must be given some hope that they are being taken into the mainstream of the society. If the petitioners are allowed to participate in the physical test, they will at least have the satisfaction of having participated in the recruitment process.

“It is entirely, another question as to whether they will succeed in the writ petitions or not. The second reason is that by allowing them to participate in the physical test, the State will be sending a strong message that the transgenders are being taken into the mainstream of the society and they will be entitled for protection and opportunities in future.”

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Printable version | Dec 9, 2019 11:48:07 PM |

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