December 4, 2019 1:46:42 pm
The Madras High Court on Tuesday warned the Tamil Nadu Uniformed Services Recruitment Board
(TNUSRB) of stalling the selection to Grade-II police constable if the board fails to comply with an interim order of the court by December 6.
It also ordered the board to permit by then five transsexuals to participate in the physical test of the recruitment. It is entirely a different question as to whether they (transsexuals) will succeed in the writ petitions or not.
But 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 for protection and opportunities in future, Justice N Anand Venkatesh said.
The issue pertains to five separate pleas moved by Deepika, Thenmozi and three orders seeking to quash a notification issued by the board on March 6 fixing 26 years as the 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 interim order was not complied with by the board. When the plea came up for hearing on Tuesday, additional advocate general submitted appeals have been filed
against the interim order and the same is in the 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 reliefs, he added.
Refusing to accept the submissions, the judge said 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 long time and they must be given some hope that they are being taken into the mainstream of 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 would 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.
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