Central Administrative Tribunal (Kolkata) allows transgender UPSC candidate to apply offline since online form lacked ‘other’ gender option

Atri Kar v. State of West Bengal and Ors., O.A. No. 1201 of 2016, State Administrative Tribunal | Central Administrative Tribunal (Kolkata) | Status: Disposed off | |

HRLN filed an Original Application in the Central Administrative Tribunal, Kolkata Bench, on the behalf of a transgender applicant who wanted to take the Civil Services examination conducted by the UPSC, but could not because there were only ‘male’ and ‘female’ options in the gender column in the advertisement for the examination. The application sought a direction for the UPSC and the government of India to modify the advertisement to include the ‘other’ option in the gender category to allow the candidate to fill the form in accordance with law. Alternatively, the application sought provision for the candidate to fill the offline form if the aforementioned could not be done. It also asked the tribunal to direct for the candidate to be treated as a socially and/or economically backward class candidate, to treat her as a reserved candidate and accordingly waive off registration fees. In response, the tribunal passed an interim order asking the UPSC to allow the applicant to fill and offline form.

AtriKar v. State of West Bengal and Ors., O.A. No. 1201 of 2016, State Administrative Tribunal, West Bengal The Applicant, Atri Kar, is a transgender who was unable to fill up the online West Bengal Civil Services (WBCS) application form due to unavailability of the ‘Other’ category in the gender column of the form issued by WBPSC. Atri Kar had cleared the WBSSC examination, is currently a teacher at Kutharipara Govt. School in Hooghly, West Bengal, and is well-qualified as a candidate for the WBCS examination. HRLN Kolkata filed an application on behalf of Atri before the State Administrative Tribunal seeking that Atri should be allowed to fill up the form and appear for the examination in the ‘Other’ category within the prescribed deadline. Pursuant to the same, the Tribunal passed an order in favor of the Applicant, allowing them to fill  up the form online  and directing that the said form must be amended to include a category for the third gender. The Tribunal took the decision of the Supreme Court in W.P. (Civil) No. 400 of 2012 with Writ Petition (Civil) No. 604 of 2013, National Legal Services Authority v. Union of India and Ors. into consideration.