The Karnataka High Court has sought a reply from the state government on why it has not included a separate category for transgender community in its notification for recruitment to the post of Special Reserve Constable Force and Bandsmen.
A division bench of Chief Justice Abhay Oka and Justice Nataraj Rangaswamy said "The state government will have to respond by pointing out why law laid down by the apex court has not been implemented while conducting the process which is the subject matter of the petition."
The court issued notice to the respondent while hearing the petition filed by Sangama, a society working for the upliftment of sexual minorities, sex workers and people living with HIV.
During the hearing the bench said "If the process is not complete consider whether you (state) can provide reservation as per Apex court order." It has directed the respondents to file their statement of objection to the petition by July 20.
Advocate Tarjani Desai, appearing for the petitioners, relied on the judgment of the apex court in the case of NALSA vs Union of India, (2014) SSC 438, to argue that the state in its appointment notification calls for filling up of the vacancies, specifies only 'Men' and 'Women' as the genders which can apply for the vacancies. Throughout the impugned notification the age, weight, and other specifications are given pertaining separately only to 'Men' and 'Women', in total disregard of the 'Third Gender'.
The plea states that "The Hon'ble Supreme Court had recognised the legal rights of the third gender persons and held that they were fully entitled to Fundamental Rights under the Constitution and under International law."
The impugned notification shows that the same is in contravention of rights of Transgender persons and the same affects the Constitutional and Fundamental Rights of the Transgender persons under Article 14, 19 & 21 of the Constitution of India.
Recruitment is to be done for filling up vacancies of a total of 2672 posts including 2420 vacancies to the post of Special Reserve Constable Force and 252 Bandsmen posts is to be done.
The plea prays for directions to the state government to include a separate category for transgender persons for the post of Special Reserve Constable Force as well as Bandsmen, and consider all the applications by the transgender at par with other two gender categories. Also direct the state government to frame a scheme for reservation for the transgender community in the recruitment to post of Special Reserve Constable Force as well as Bandsmen.
The court will further hear the petition on July 21.