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 carves out the category of the third gender for the purpose of safeguarding and enforcing properly their rights guaranteed under the Constitution. The operative portion of the judgment reads as under:

"135. We, therefore, declare:

135.1. Hijras eunuchs, apart from binary genders, be treated as "third gender" for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by Parliament and the State Legislature.

135.2. Transgender persons right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.

135.3. We direct the Centre and the State Governments 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.

135.4. The Centre and State Governments are directed to operate separate HIV serosurvcilance centres since hijras transgenders face several sexual health issues.

135.5. The Centre and State Governments should seriously address the problems being faced by hijras/transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one's gender is immoral and illegal.

135.6. The Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities.

135.7. The Centre and State Governments should also take steps for framing various social welfare schemes for their betterment.

135.8. The Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables.

135.9. The Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.

136. We are informed an expert committee has already been constituted to make an in-depth study of the problems faced by the transgender community and suggest measures that can be taken by the Government to ameliorate their problems and to submit its report with the recommendations within three months of its constitution. Let the recommendations be examined based on the legal declaration made in this judgment and implemented within six months."

3. The aforesaid judgment came to be pronounced on 15.04.2014, while the notification for the present examination is dated 08.02.2015. Thus, one would have expected that the notification could have taken care of the directions contained in the aforesaid judgment, more specifically in