The High Court of Madras dismissed an appeal against the dismissal of a writ petition. A transgender candidate contested her disqualification for failing the 100m run in a police recruitment exam, arguing for separate assessment. The Court held she was not the sole transgender candidate and affirmed the disqualification.
The writ appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2018
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.A.No.2790 of 2018
Manju ...Appellant/Petitioner
Vs 1.The State of Tamil Nadu, Rep. By its Home Secretary, Fort St. George, Chennai. 2.The Chairman, Tamil Nadu Uniformed ServicesRecruitment Board, Pantheon Road, Egmore, Chennai – 18.
3.The Member Secretary, Tamil Nadu Uniformed ServicesRecruitment Board, Pantheon Road, Egmore, Chennai – 18.
4.The Commissioner of Police, Coimbatore City, Coimbatore Corporation, Coimbatore. ...Respondents/Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act against the order of this Court in W.P.No.22551 of 2017 dated 23.08.2017.
W.P.No.22551 of 2017:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus call for the entire records connected with the proceedings of impugned order of disqualification passed against the petitioner made by the 2nd respondent in C.No.R2/ 150/ 2017 dated 03.08.2017 and quash the same consequently direct the respondents to select the petitioner as Grade II Constable in
the recruitment being conducted by the 2nd and 3rd respondents by giving exemption/ privilege in the time fixed for 100 meters running.
For appellant :Mr.S.Thilageswaran ForRespondents : Mr.P.S.Selvashanmugasundaram
J U D G M E N T (Judgment of the Court was made by Subramonium Prasad, J)
Aggrieved by the dismissal of the WP.No.22551 of 2017 by an order dated 22.08.2017 passed by this Court, the writ petitioner is filed this writ appeal.
Single Judge had informed the Court that there were 25 transgender candidates participated in the recruitment process and there was a possibility of few trans gender candidates being selected in the examination. The learned Single Judge also found that the transgenders were permitted to participate in 100 metres running along with the women candidates and this itself is a concession shown by the State in favour of transgenders. The learned Single Judge dismissed the writ petition. This order is under challenge in the present writ appeal.
2.The Chairman, Tamil Nadu Uniformed ServicesRecruitment Board, Pantheon Road, Egmore, Chennai – 18.
3.The Member Secretary, Tamil Nadu Uniformed ServicesRecruitment Board, Pantheon Road, Egmore, Chennai – 18.
4.The Commissioner of Police, Coimbatore City, Coimbatore Corporation, Coimbatore.
+1 CC to Govt. Pleader sr 90006.
W.A.No.2790 of 2018
AD(CO) SP(05/02/2019)
2 issues framed by the court
Whether the writ appeal filed by the transgender recruit against her disqualification for failing to meet the 100m running time limit has merit.
Whether the single judge's order dismissing the petition for lack of exclusive transgender reservation is unsustainable.
2 provisions across 2 enactments
Manju
The State of Tamil Nadu, Rep. By its Home Secretary
The Chairman, Tamil Nadu Uniformed Services Recruitment Board
The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board
The Commissioner of Police, Coimbatore City
S. MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
