The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) has been recently warned by the Hon’ble Madras High Court wherein the court has warned to stall the selection process for TNUSRB Grade-II Police Constable recruitment, if the board fails to comply with the interim order passed by the Madras High Court by 6th December 2019.
Moreover, the Madras High Court has also instructed the board to allow five transsexual candidates to appear for the physical test of TNUSRB Grade-II Police Constable recruitment.
While issuing the order, Justice N Anand Venkatesh added that whether or not these transsexual candidates be selected for recruitment under TNUSRB Grade-II Police Constable recruitment or whether or not their writ petition succeeds, by allowing them to participate in the physical test for the recruitment process, the state will be sending a strong message.
A strong message that now the transsexuals are being added to the mainstream of the society, entitling them to equal opportunities and better protection in the future.
The above order was passed by the Madras High Court in relation to five different pleas moved by Thenmozhi, Deepika and three other transsexuals who had asked the court to quash the notification passed by the TNUSRB on 6th March 2019 through its orders.
On the notification issued by the TNUSRB on 6th March 2019, the upper age limit for transsexual applicants applying for vacancies under TNUSRB Grade-II Police Constable recruitment had been fixed at 26 years.
Whereas, the applicants wanted the TNUSRB to offer relaxation against this notification and set the upper age limit for participating in the physical test for TNUSRB Grade-II Police Constable recruitment as 45 years.
The Madras High Court admitted the pleas from the 5 applicants on 14th November 2019 and instructed the TNUSRB to allow them to participate in the physical test to be conducted under TNUSRB Grade-II Police Constable recruitment.
But the interim orders passed by the High Court on 14th November 2019 were not complied to by the TNUSRB. When the pleas came up for hearing on 3rd December 2019, the additional advocate general stated that appeals have been filed against the order and are currently in the numbering stage at the court.
He further added that the relief being sought by the applicants is beyond the ambit of the notification and can now be offered only if the government amends the rules. But the judge refused to accept these arguments and said that while the interim order was passed by the court, these objections were taken into consideration.
The judge further added that this case could not be looked at like another case. The order was passed for two reasons, i.e. firstly, as the transsexuals have bene discriminated for so long, to give them hope that they will be a part of the mainstream, and secondly to allow them the satisfaction of having participated in the recruitment process.
The court has now fixed 6th December 2019 as the last date for compliance with its 14th November 2019 orders.