UPSC submitted in Delhi High Court, that it cannot include transgender as a third gender for applying for civil services exam as the category was not yet clearly defined by the Supreme Court. It was replying to the Delhi High Court's query on hearing a PIL, as to why transgender have not been included as a third gender option in application forms for Civil Services Preliminary (CSP) examination.
The High Court bench comprising Justices Mukta Gupta and PS Teji, during the hearing pointed out to the petitioner lawyer that, there is no definition of transgender in the medical dictionary, nor are there any identifying features and the Supreme Court had not said who would be the certifying authority, which is why there is "difficulty" in implementing the Supreme Court's judgment. Earlier the Supreme Court had directed the Centre and the State Governments to recognize the transgender as the third sex and also to provide the benefits of socially and economically backward class.
Lack of Third Gender option according to the petitioner will prevent Civil Service aspirants among transgender community from appearing for Civil Service examination. The petitioner lawyer Ansari argued that transgender community as a group, have a strong historical presence in our country in the Hindu mythology and other religious texts”.
Meanwhile the DoPT, represented by advocate Navin Chawla said it has filed the application for clarification in Supreme Court which is expected to be heard after the court vacation. It seeks clarification on various issues, including the definition of transgender as well as who would certify them as a third gender. According to Central government's Department of Personnel and Training (DoPT), once the Apex court clarifies the issue, then it can frame rules for the benefit of transgender, which includes providing reservation for them.