'No Transgender Candidate Applied': Madras High Court Closes Plea Seeking Special Recruitment Drive For The Community

Sebin James

11 Nov 2021 11:00 AM GMT

  • No Transgender Candidate Applied: Madras High Court Closes Plea Seeking Special Recruitment Drive For The Community

    No transgender candidate has applied against the vacancies notified by the Madras High Court in March 2021, a Division Bench of Chief Justice Sanib Banerjee and Justice P.D Audikesavalu noted while disposing off a petition seeking 1% reservation for the community.The petitioner, a transgender rights activist, Grace Banu Ganeshan, had moved the High Court seeking a direction upon...

    No transgender candidate has applied against the vacancies notified by the Madras High Court in March 2021, a Division Bench of Chief Justice Sanib Banerjee and Justice P.D Audikesavalu noted while disposing off a petition seeking 1% reservation for the community.

    The petitioner, a transgender rights activist, Grace Banu Ganeshan, had moved the High Court seeking a direction upon its Registrar-General to conduct a special recruitment drive against the vacancies notified by it, with 1% reservation for transgender persons.

    The vacancies pertained to the posts of chobdar, office assistants, watchmen etc. in the Madras High Court service.

    However, in a report filed by Registrar (Recruitment), it was submitted that no transgender person has applied to the vacant posts so far in pursuance of the notification.

    The court, upon examining the Registrar's report, concluded:

    "This public interest litigation has worked itself out since there is no third gender application pursuant to the said notification."

    In its order, the Bench also recorded that the notification was in compliance with the reservation rules under the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.

    Applications were invited based on the presumption that third gender candidates who apply will be considered as belonging to Most Backward Classes (MBC) even if they don't have any community certificate.

    "Other directions were also issued as to how third gender candidates who identify themselves as females would be considered and third gender candidates who identify themselves as male and third gender, respectively, would also be considered", the court clarified.

    Hence, the court asserted that though the petition espouses a laudable object, the same may be disposed off without affecting the petitioner and the rights of members of the third gender to insist on reservation in future recruitment processes.

    Also Read: 1% Seats In Govt Jobs Reserved For Transgender Persons: Karnataka Govt Tells High Court

    Case Title: Grace Banu Ganeshan v. The Chief Secretary & Ors.

    Case No: WP/ 221142/ 2021

    Click Here To Read/ Download Order


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