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High Court Strongly Advises' Tamil Nadu To Create Job Quota For Transgender People

Justice M S Ramesh has also recommended to the state to provide relaxations in the physical measurement tests, endurance tests and physical efficiency tests for transgenders (File photo)

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Highlights

The Madras high court has'strongly advised' that the Tamil Nadu government provide a set proportion of special reservation for transgender people in public employment.
Justice M S Ramesh has also advised the state to reduce physical measuring tests, endurance tests, and physical efficiency testing for transgenders

Apart from various relaxations and concessions provided to the socially and economically backward sections, the Madras high court has'strongly advised' that the Tamil Nadu government provide a set proportion of special reservation for transgender people in public employment.

Justice M S Ramesh has also advised the state to reduce physical measuring tests, endurance tests, and physical efficiency testing for transgenders who consider as'male' or 'third gender,' similar to the concessions given to women candidates and other socially and economically disadvantaged groups.

The order was given after the court granted a group of pleas filed by transgender Saratha and others in response to a notification granted by the Tamil Nadu Uniformed Services Recruitment Board on September 17, 2020.

Persons from the transgender community must be at least 29 years old to apply for the position of Grade-II police constable, according to the notification. The petitioners asked the court to overturn the notice and order the board to set a 45-year upper age restriction.

Apart from that, the petitioner requested that TNUSRB grant the same physical examination allowances and written examination cut-off marks to further restricted groups of candidates, such as poor widows and ex-servicemen.

Senior advocate Jayna Kothari, who represented some of the petitioners, argued that, following the Supreme Court's decision in NALSA's case and the Division Bench order in Aradhana's case, TNUSRB should have followed these orders to the memorandum as well as provided for reservations, among other relaxations and concessions, on average level with destitute widow candidates.

He went on to say that the age relaxation is merely for the purpose of applying, and that it is not a reserve.

As per additional advocate-general P Kumaresan, the courts' orders were followed, and third-gender candidates were given the same age relaxation as Scheduled Caste/ Scheduled Tribe candidates for recruitment under the TNUSRB.

The easing of the maximum age restriction for the purpose of applying for the positions, according to Justice Ramesh, cannot be considered a reservation. The judge went on to say that the TNUSRB's decision to merge the reservation for transgender people who identify as women with the 30 percent vacancy for women goes against the Supreme Court's findings and orders. The court further stated that the rejection of any reservation for transgender people who identify as male was not the aim of the SC's conclusions in the NALSA case.

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High Court Strongly Advises' Tamil Nadu To Create Job Quota For Transgender People

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