The first application that the tribunal granted interim relief on was moved by one Arjun Geetha who is a transman (assigned female at birth but identifies as a man) who is an aspirant for a job with the State police.
The notifications are issued by the PSC to the posts of Sub-Inspector of Police (Trainee) in Police (Kerala Civil Police) Department, Women Police Constable (Woman Police Battalion) & post of Armed Police Sub Inspector (Trainee) in Police (Armed Police Battalion) department. The last date for the applying for the jobs was February 1, 2023.
The applicant attempted to apply for the post of Sub-Inspector of Police (Trainee) and was successful in submitting the application but the notification did not mention physical standards, suitable for transgender persons. Hence, it was argued by Geetha that by not providing for relaxed physical requirement for transgender persons, the notification was bad in law.
For the posts of Woman Police Constable and Army Police Sub Inspector (Trainee), he was unable to apply as he was informed that he was ineligible because of his gender identity even though the latter position did not specify any impediment to apply merely because he is a transman.
“Therefore, the notifications are discriminatory in nature based on sex and they are liable to be set aside. They violate Articles 14, 15 and 16 of the Constitution. The arbitrary exclusion of transgender persons from the ambit of the posts notified is unjust, illegal, and arbitrary, and amounts to the violation of the applicants’ fundamental rights,” Geetha’s plea read.
Source: Barandbench
