A trust called ‘Jeeva’ has moved an intervention application challenging a State government notification related to Police Constable recruitment on the grounds that it excluded notifying a separate category for Transgender persons even though categories for men and women were mentioned.
A Division Bench comprising Hon’ble Justice Shreeniwas Oka and Hon’ble Justice Vishwajith Shetty has issued a notice in the case and has posited the matter on 26.11.2020.
State government contemplated to put the Transgender category under OBC category:
An I. A was filed in the case when the State government informed the COurt that they were thinking of reserving seats for Transgenders and classifying them under the Other Backward Class(OBC ) category.
In the I.A, it was contended that the reservation for Transgenders should not be provided under the OBC category. Still, a separate category should be formed for Transgenders because they are discriminated against based on their gender.
Contentions raised in the Intervention Application.
According to the applicant, reservation for Transgenders should be similar to reservation provided to persons with disabilities and women and then it could be interlocked with other categories like ST/SC/OBCs.
It was further contended that if the Transgenders were classified under the OBC category, then Transgender persons who belong to SC/ST category will not be able to apply.
The plea also states that if a person already belongs to the OBC category then they will not get the benefit of the reservation and the chances of them getting a seat will be relatively thin as Transgenders will have to compete with other OBC candidates.
The I.A also states that Transgenders should get relaxation in age, cutoff date and physical criteria as is provided to other reserved categories.
The applicant in the case also sought reservation for transgender people in public education, public employment and in allotment of housing sites and schemes.