Justice MS Ramesh held that State’s decision to combine Transgender persons who identified as females, with the 30% vacancies reserved for women candidates, without extending a special reservation for the TGs, is violative of Articles 14 and 16(1) of the Constitution and the direction contained in Supreme Court’s NALSA judgment.
“The decision of Tamil Nadu Uniform Services Recruitment Board (TNUSRB) to combine the TGs, who had opted for female category, along with the vacancies reserved for Women deprives equality to them which is violative of Articles 14 and 16(1) of the Constitution of India,” the Court said.
Further, the Court also ruled that failure to provide any reservation for transgender persons who identified themselves was ‘male’ was also violative of NALSA judgment.
The Court, therefore, quashed the disqualification of the petitioners from the recruitment process for the post of Grade-II Police Constables conducted by the Tamil Nadu Uniform Services Recruitment Board TNUSRB for the years 2017-18, 2019 & 2020.
“The manner in which the respondents had violated the equality of opportunity to the TGs in the impugned notification, is unconstitutional, arbitrary and unfair,” the Court found.