The Madras High Court, in an interim order, permitted a transgender, who applied for the post of Sub-Inspector, to participate in physical test.
The first bench, comprising of Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, directed the Tamil Nadu Uniform Services Recruitment Board to permit K Prathika Yashini to “go through the process” of physical test scheduled on August 5. Yashini had first approached the court for permission to take part in written exam held on May 23, 2015. The physical test is the second stage of selection process.
Seeking a direction to allow her to attend the physical test, Yashini cited a Supreme Court Judgement wherein it was ordered that the state and central governments take steps to treat transgender as socially and educationally backward citizens, and extend them all kinds of reservation in admissions to Educational Institutions and public appointments.
Passing the interim order, the bench held that she did qualify for the ‘horizontal reservation’ stipulated by the apex court. It said she should go through the selection process, and that results would be subject to the result of the writ petition meaning her eligibility and final selection would hinge on the outcome of the case. Yashini of Salem submitted she was a graduate in computer application and after realising her sexuality, she underwent a sex reassignment surgery and notified the change in the government gazette on October 18, 2013.
She applied for the SI post but could not produce some of her educational qualification certificates as they were held up with the concerned authorities for modifying the name and sex. Yashini alleged that her application was also rejected for the reason that she is a transgender. Concurring with her contentions, a vacation judge had in May directed Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) to allow her to appear for the examination on production of the gazette notification for sex change.
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