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2015 Supreme(Mad) 3575

SANJAY KISHAN KAUL, PUSHPA SATHYANARAYANA
K. Prithika Yashini Transgender – Appellant
Versus
Chairman, Tamil Nadu Uniformed Services Recruitment Board – Respondent


Advocates Appeared:
For the Appellant : Bhavani Subharayan
For the Respondents:P.H. Arvindh Pandian, Addl. Advocate General assisted by S.T.S. Moorthy, Government Pleader

ORDER :

Sanjay Kishan Kaul, C.J.

1. A notification was published on 08.02.2015 for the recruitment of Sub Inspectors. The scheme of recruitment was in three stages, i.e. a written objective examination, followed by physical endurance test and viva-voce. There were large number of candidates who applied. numbering more than 1,85,000 for 1087 posts. Thus, on declaration of the results of the written examination, different cut off marks were prescribed for different categories, keeping in mind the ratio 1:5 for going to the next stage of physical endurance test and thereafter, 1:2 ratio for viva-voce. In order to maintain transparency in the written examination process, albeit an objective one, the model key answers were published. inviting objections and thereafter, final key answers were also published.

2. The difference in the bench mark for recruitment required specification of gender of the candidate as male or female. There was absence of any column for third gender. though this aspect now stands enunciated by the judgment of the Hon'ble Supreme Court in National Legal Services Authority v. Union of India and Others, AIR 2014 SC 1863 : (2014) 5 SCC 438 : (2014) 3 MLJ 595 which carv

























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