Disposed

Saravanabava M @ M.Yazhini v. The Member Secretary

Madras HC9 Sept 2024WP/16558/2021

Case brief

AI extract

What is this about?

The Court held that concessions and benefits provided to destitute widows and ex-servicemen must extend to transgender persons. It directed the Government to issue a new Government Order for height relaxation for transgender candidates within six months and to consider the petitioner's appointment within two months thereafter.

What did the court decide?

Direction to Government to pass new Government Order for height relaxation to transgender within six months and consider petitioner's case within two months.

Saravanabava M @ M.Yazhini Vs The Member Secretary — Service and Employment | Madras HC (2024)

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W.P.No.16558 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.09.2024

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CORAM

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THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

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W.P.No.16558 of 2021 and W.M.P.Nos.17530 & 17531 of 2021

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Saravanabava M @ M.Yazhini

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... Petitioner

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Vs.

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1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old COP Office Campus, Pantheon Road, Egmore, Chennai 600 008.

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2.The State of Tamil Nadu, Rep by the Additional Chief Secretary, Home (Police III) Department, Secretariat, Chennai 600 009. ... Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to quash the Disqualification Slip dated 30.07.2021 of Roll No.75004104 of the petitioner for the post of Police Constable for having the height of 158.5 cms, quash the Notification No.1/2020 dated 17.09.2020 issued by the first respondent to the extent that it imposes minimum height requirement of 159 cm for Transgender applicants belongs to the category of OC/BC/BC(M),MBC/DNC for the post of Grade II Police Constable (AR) and direct the respondents to issue a Corrigendum

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Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.16558 of 2021

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providing relaxation in height to all transgender applicants as 157 CM as provided to other reserved categories of SC and ST applicants and also destitute widows and ex-servicemen as held by this Court in The Chairman, Tamilnadu Uniformed Service Recruitment Board Vs. Aradhana, Writ Appeal No.330 of 2018 dated 22.02.2018 and allow the petitioner to appear in Physical Endurance Test and Physical Efficiency Test for the post of Grade II Police Constable and be considered for the same.

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For Petitioner : Ms.Jayna Kothari for Mr.C.Prabhu For Respondents : Mr.D.Sowmi Dattan, Standing Counsel for R1 Mr.M.Muthusamy, GA for R2 O R D E R

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This Writ Petition has been filed by the petitioner for quashment of the the Disqualification Slip dated 30.07.2021 of Roll No.75004104 of the petitioner for the post of Police Constable for having the height of 158.5 cm and the Notification No.1/2020 dated 17.09.2020 issued by the first respondent to the extent that it imposes minimum height requirement of 159 cm for Transgender applicants belong to the category of OC/BC/BC(M),MBC/DNC for the post of Grade II Police Constable (AR) and to direct the respondents to issue a Corrigendum providing relaxation in height to all transgender applicants as 157 CM as provided to other reserved categories of SC and ST applicants and also destitute widows and exPage 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.16558 of 2021

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servicemen as held by this Court in the case of The Chairman, Tamilnadu Uniformed Service Recruitment Board Vs. Aradhana in Writ Appeal No.330 of 2018 dated 22.02.2018 and allow the petitioner to appear for Physical Endurance Test and Physical Efficiency Test for the post of Grade II Police Constable and be considered for the same.

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Heard the learned counsel on either side and also perused the materials available on record.

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The learned counsel for the petitioner submitted that the petitioner who is a transgender person, belongs to Most Backward Community and applied for the post of Police Constable (AR) and scored 48 marks in the written examination which was conducted on 13.12.2020. As a result of which, the petitioner was called for the Physical Examination on 30.07.2021. During the Physical Measurement Test, the petitioner was disqualified by the first respondent stating that the height of the petitioner is only 158.5 cm, which is short of 0.5 cm from the minimum prescribed height of 159 cm for the category of Women and Transgender categories belong to OC/BC/BC(M), MBC/DNC as fixed by the first respondent vide Notification No.1/2020 dated 17.09.2020. As per the Government Order in G.O.Ms.No.245 dated

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Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.16558 of 2021

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29.06.2020, the first respondent failed to provide relaxation to the transgender persons in the minimum height requirement similar to the height relaxation as provided to the Scheduled Caste and Scheduled Tribe candidates for the recruitment of Police Constables. The decision of the first respondent not to provide relaxation in physical measurement particularly relaxation in height to transgender persons who belong to the category of OC/BC/BC(M)/MBC/DNC ignores the fact that they have faced discrimination historically. In the judgment of this Court in Writ Appeal No.330 of 2018 dated 22.02.2018 ( The Chairman, Tamilnadu Uniformed Service Recruitment Board Vs. Aradhana), this Court had observed that all concessions and benefits as provided to destitute widows and ex-servicemen should be provided to transgender persons. She also relied on the judgment of the Hon'ble Supreme Court in the case of Nalsa vs. Union of India and others reported in 2014 (5) SCC 438 wherein the Hon'ble Supreme Court held that the Central and the State Governments are directed to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments. Hence, the learned counsel for the petitioner seeks height relaxation for the petitioner.

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Page 4 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.16558 of 2021

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The learned Standing Counsel appearing for the first respondent submitted that the petitioner has referred the order of the Division Bench of this Court in W.A.No.330 of 2018 filed by TNUSRB against the interim order passed by this Court in W.P.No.1163 of 2018 filed by one Aradhana seeking relaxation in age limit for transgender. Referring the above order, the petitioner has sought to give other concessions including relaxation in physical measurement (height) to transgender applicants. The Government in compliance with the above direction of this Court, issued an order vide G.O.(Ms).No.245, Home (Police.III), dated 29.06.2020 granting age relaxtion to the transgender candidates similar to the age relaxation as provided to the SC and ST candidates for the recruitment through Tamil Nadu uniformed Services Recruitment Board for the posts included in Tamil Nadu Police Subordinate Services. Further, the Board does not have powers to extend height relaxation to transgender as there is no specific Government Orders now available in this regard. Hence, the prayer of the petitioner to relax the height limit of the transgender, similar to the height relaxation provided to SC/ST categories cannot be considered as per the rules in existence.

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In view of the submissions made by the learned counsel on either

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side and in the light of the judgment of the Hon'ble Supreme Court as well as the judgment of this Court, this Court finds that all concessions and benefits Page 5 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.16558 of 2021

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as provided to destitute widows and ex-servicemen should be provided to transgender person. Hence, this Court directs the Government of Tamil Nadu to pass a new Government Order with regard to height relaxation for the transgender, within a period of six months from the date of receipt of a copy of this order. If the same is not done, the purpose of equality before the law will be defeated. If it is found that the petitioner is fit for appointment after due consideration by the Government, the case of the petitioner be taken up by the Government and appropriate orders be passed within a period of two months thereafter.

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