Punjab & Haryana High Court Directs Chandigarh Admin To Allow Candidate To Apply Under Transgender Category In Online Form For Police Constable Post
The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration on a transgender person's plea seeking directions to allow the petitioner to apply for the post of Constable (Executive) in the Union Territory under the transgender category. The plea said there was no option to apply under the transgender category.While issuing the notice, Justice Vikram Aggarwal ordered...
The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration on a transgender person's plea seeking directions to allow the petitioner to apply for the post of Constable (Executive) in the Union Territory under the transgender category. The plea said there was no option to apply under the transgender category.
While issuing the notice, Justice Vikram Aggarwal ordered that in case the petitioner submits an online application form mentioning the category as a transgender person, "the same shall be accepted and thereafter considered by the appropriate authority in accordance with its own rules.”
The petition has been filed by Saurav alias Kittu Tank. Saurav was India’s first transgender person to climb 6,000-meter high Virgin Peak in Spiti Valley, Himachal Pradesh.
In May, Chandigarh Administration published an advertisement for the recruitment of post of Constable (Executive) on 700 temporary posts. The court was told that when the petitioner made an attempt to fill an online application form, there was no option with regard to the transgender category. A representation was submitted by the petitioner in June but it yielded no result, according to the petition.
Saurav prayed for permission to apply for the post and seeks the recognition of the transgender community as the "Third Gender" in accordance with the Supreme Court's direction in the case of NALSA v. UOI.
Furthermore, the petition also seeks the issuance of directions to the Chandigarh Administration to frame appropriate guidelines for members of the Transgender Community regarding physical fitness as currently there are only standards mentioned for male and female candidates.
While issuing the notice, the court posted the matter to July 31 for further consideration.
Case Title: Saurav Alias Kittu Tank v. Home Secretary, UT Chandigarh & Ors
Citation: 2023 LiveLaw (PH) 116
Advocates Raina Godara, Abhimanyu Balyan, Pooja Pande and Neil Roberts represented the petitioner.