JUDGEMENT - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY]

Fact of the Case:

The petitioners, who are "Third Genders/ Transgenders" (TGs), filed writ petitions challenging the concessions and relaxations extended to them in the 2017-18, 2019 and 2020 Common Recruitment Processes for the posts of Grade-II Police Constables and the like, conducted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB), as inadequate and inconsistent with the orders passed by the Hon’ble Supreme Court and the High Court, which amounts to hostile discrimination. They sought reservations, relaxations and concessions for the purpose of considering their candidatures in the recruitment process.

Finding of the Court:

The court held that the relaxations in the upper age limit for the TGs cannot be termed as a “reservation”, but rather a relaxation enabling them to fall within the zone of consideration and place them on par with the general category; clubbing the TGs who applied under the female category, along with the reservation for women candidates, infringes their fundamental right of equality before law and their right of equality of opportunity in public employments, as guaranteed under Article 14 and 16(1) of the Constitution of India and is therefore unconstitutional; the failure to provide any kind of reservation for the TGs in the male category and placing them on par with the general category candidates, is violative of Articles 14 and 16(1) and is not only unconstitutional, but is also illegal since it defies the direction to provide reservation in public employment, as ordered in NALSA; deprivation of the relaxations and concessions offered to female candidates in the physical measurement tests, endurance tests and physical efficiency tests to the TGs, who recognise themselves as “Male” or “Third Gender”, is arbitrary and unreasonable, apart from infringing their fundamental right under Article 16(1).

Issues: Whether the concessions and relaxations extended to the TGs in the 2017-18, 2019 and 2020 Common Recruitment Processes for the posts of Grade-II Police Constables and the like, conducted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB), were adequate and consistent with the orders passed by the Hon’ble Supreme Court and the High Court.

Ratio Decidendi: The court relied on the following principles: * The term “reservation” is distinct from the terms “concession” and “relaxation”. While concession and relaxation are privileges extended to achieve “equality of opportunities” for a candidate to participate in a recruitment process, the term “reservation” is an accrued right of appointment among a specified number of reserved vacancies for the socially and economically backward candidates, to enable them to be adequately represented in the services of the State. * Reservations are a mode to achieve the equality of opportunity guaranteed under Article 16(1) of the Constitution of India. Concessions and relaxations in fee or age provided to the reserved category candidates to enable them to compete and seek benefit of reservation, is merely an aid to reservation. The concessions and relaxations place the candidates on a par with general category candidates. It is only thereafter the merit of the candidates is to be determined without any further concessions in favour of the reserved category candidates. * The State Government is directed to treat all the petitioners herein, as having qualified in the initial selection process, including the written examination and forthwith subject them to physical measurement tests, endurance tests and physical efficiency tests, in accordance with the relaxed norms applicable for Women candidates, for the purpose of appointing them as Grade-II Police Constables and complete such a process, within a period of eight weeks from the date of receipt of a copy of this order.

Final Decision: The court allowed the writ petitions and quashed the disqualification of the petitioners from the recruitment process for the posts of Grade-II Police Constables conducted by the TNUSRB for the years 2017-18, 2019 & 2020. The court also directed the Member Secretary of TNUSRB to treat all the petitioners herein, as having qualified in the initial selection process, including the written examination and forthwith subject them to physical measurement tests, endurance tests and physical efficiency tests, in accordance with the relaxed norms applicable for Women candidates, for the purpose of appointing them as Grade-II Police Constables and complete such a process, within a period of eight weeks from the date of receipt of a copy of this order.