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Kerala High Court upholds Kerala Administrative Tribunal order directing PSC to consider job application of transgender person for Police SI post

On January 24, 2023, the tribunal had granted interim relief to 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 for job were 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 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.

The tribunal passed an interim order in favour of Geetha prompting the Kerala PSC to move the present appeal before the High Court.

Advocate PC Sasidharan, appearing for the Kerala PSC, contended that the Tribunal exceeded its jurisdiction by directing the consideration of Geetha’s application which does not specify the person coming under the category of the transgender.

The note appended to Armed Police Sub Inspector in the Armed Police Battalion limits the consideration of male candidates alone and hence, the order is completely illegal and liable to be set aside, he argued.

He further contended that Geetha is bound by the General and Special Rules, 1984 applicable to recruitment and the tribunal, by permitting him, has deviated from the binding Rules.

Source: Barandbench

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