Patna High Court Rules Exclusion of Transgender in the Advertisement Notification by the Central Selection Board of Constables, Bihar as Unconstitutional

Veera Yadav Vs State of Bihar and Ors. CWJC 5627 of 2020 | Patna High Court | Status: Pending | |

The Patna High Court on Monday summoned the Bihar government for not having a transgender column to apply for the post of Constable. While hearing a petition filed by a transgender Veera Yadav, the division bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the state government to file its reply on December 22.

Taking notice of the absence of a column for transgender applicants in an advertisement for the post of ‘Constable’ issued by the Central Selection Board, the Patna High Court has urged the Bihar State government to adopt a sensitive approach and take remedial measures to allow transgender persons to apply for the post.

The bench of Chief Justice Sanjay Karol and Justice S. Kumar observed that:

"From the Advertisement, it is not clear as to whether persons falling under the provisions of the Transgender Persons(Protection of Rights) Act, 2019 (hereinafter referred to as the act) can even apply for the post or not. The Advertisement only specifies the gender of the applicants to be ‘male’ or ‘female’.Does it imply that the persons hailing from the transgender community are precluded from applying at all, or should not the authorities clarify that it shall also be open for such persons to apply? Significantly the candidates are required to apply online, and in the said form there is no reference of the applicants falling with the purview of the Act, enabling them even to apply."

Pointing out that the application form only allowed ‘males’ and ‘females’ to apply, the Bench of Chief Justice Sanjay Karol and Justice S Kumar queried,

“Does it implies that the persons hailing from the Transgender Community are precluded from applying at all, or should not the authorities clarify that it shall also be open for such persons to apply?”

The Hon’ble bench has also observed that:

“It appears that either the officers are working at cross-purposes; without co-ordination; or not adequately sensitized, both of law as also the welfare measures are undertaken by the State.”

The Hon'ble Bench also directed this case to list on 22nd December and summoned Secretary, General Administrative Department to appear in person before the bench.

The number of transgender in the state is around 48,000 of which 8% of them are between 18 to 32 years old. Among them, 46% are Class 12 pass-outs. Accordingly, 1,500 of them can participate in recruitment. In Kerala, Tamil Nadu, Rajasthan, Chhattisgarh and Odisha, transgenders are being given opportunities in the police.

 

 


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Attachments

    https://hrln.org/uploads/2021/01-January/14-Thu/912.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/1412.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/2212.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/veera%20yadav%2015%20oct%20order%20%281%29.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/veera%20yadav%2024%20nov%20%281%29.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/veera%20yadav%202109%20%281%29.pdf
    https://hrln.org/uploads/2021/01-January/14-Thu/veera%20yadav%20vs%20the%20state%20of%20Bihar%20Petition.pdf
    https://hrln.org/uploads/2020/12-December/26-Sat/VEERA%20YADAV%2014%20DEC.pdf