Delhi High Court has directed the Union Public Service Commission to take necessary steps to include 'Transgender/Third Gender' as a gender option in the application form for the Civil Services (Preliminary) Examination.
The Bench comprising Chief Justice Rohini and Justice Sangita Dhingra Sehgal was hearing a Public Interest Litigation filed by Delhi High Court Lawyer Jamshed Ansari. When the matter came up for hearing in June 2015, UPSC submitted 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 in the NALSA Judgment.
When the matter is taken up for consideration again , Shri Sanjay Jain, learned ASG told the Bench that Interlocutory Application No. 4/2014 filed before the Supreme Court in W.P.(C) No.400/2012 titled National Legal Services Authority Vs. Union of India & Ors. seeking clarification that the judgment dated 15.04.2014 related to only trans-gender and did not include gay, lesbian or bisexual was disposed of by order dated 30.06.2016 observing that the said aspect was amply clarified in paragraphs 107 and 109 and other parts of the judgment dated 15.04.2014.
It is also submitted that no steps could be taken pending the application for clarification to modify the Rules relating to Civil Services Examinations to incorporate 'Transgender / Third Gender' in the application forms and now that the issue has been clarified by order dated 30.06.2016, the appropriate steps would be taken for modification of the Rules in terms of the judgment of the Supreme Court in National Legal Services Authority Vs. Union of India & Ors.
The Bench has disposed of the writ petition with a direction to UPSC to take necessary steps expeditiously in terms of the judgment of the Supreme Court in National Legal Services Authority Vs. Union of India & Ors.