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Give transsexuals a chance at cops’ test: Madras high court
Madras high courtCHENNAI: The Madras high court has warned the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) that it would be constrained to stall the entire Grade-II police constable selection process, if the board failed to comply with an earlier order permitting five transsexuals to take the physical test by December 6.
“It is entirely a different question as to whether they (transsexuals) will succeed in the writ petitions or not. But by allowing them to participate in the physical test, the state will be sending a strong message that transsexuals are being taken into the mainstream of society and they will be entitled to protection and opportunities in future,” Justice N Anand Venkatesh said.
The issue pertains to five separate pleas moved by Deepika, Thenmozi and three others seeking to quash a notification issued by the board on March 6 fixing 26 years as upper age limit for transsexual applicants to the post of Grade II Police Constable (AR). They wanted the TNUSRB to relax the condition and fix 45 years as the upper age limit for transsexual applicants.
Admitting the plea on November 14, the court directed the board to permit the petitioners to participate in the physical test conducted for the recruitment. However, the board did not comply with the order.
When the plea came up for hearing on Tuesday, additional advocate-general submitted that appeals have been made against the interim order and it is in numbering stage.
“The relief that is now being sought for by the petitioners is beyond the notification and unless the rules are amended by the government, the petitioners will not be entitled for the relief,” he added.
Refusing to accept the submissions, the judge noted that all such objections were considered by the court even while passing the interim order. “The interim order was passed by this court for two reasons. The first reason is that the transsexuals have been treated with discrimination for a very long time and they must be given some hope that they are being taken into the mainstream of the society. If the petitioners are allowed to participate in the physical test, they will at least have the satisfaction of having participated in the recruitment process,” Justice Venkatesh said.
This case cannot be looked like any other regular case and it becomes important to show more consideration and for that purpose, certain orders will have to be passed taking into consideration the extraordinary situation in which the transsexuals are placed, the judge added.
The court then posted the pleas to December 6 for reporting compliance of the November 14 order.