PIL Filed in Apex Court Seeking Equal Opportunity in Employment to Transgenders: SC Issues Directions to Transgender Association to Implead.
(Judicial Quest News Network)
A PIL has been filed in Supreme Court seeking equal opportunity in Employment to transgenders through Advocate Reepak Kansal.
The plea seeks Directions to Centre to give the Transgender/Other-Gender/Third- Gender an equal opportunity for practicing in the examination for recruitment to the post of intelligence Bureau Assistant Central Intelligence Officer (IBACIO)Grade II/ Executive.
The Central Government issued an impugned notification dated 18.12.2020 for conducting ASSISTANT CENTRAL INTELLIGENCE OFFICER-GRADE-II / EXECUTIVE EXAMINATION- 2020 for filling up 2000 vacancies for the post of Intelligence Bureau Assistant Central Intelligence Officer (IB ACIO) Grade II/ Executive, inviting applications from Indian Nationals for direct recruitment i.e., male and female only which is violative of fundamental rights as well as human rights of transgender.
A division Bench of CJI SA BOBDE and Justice Bopanna issued the direction while hearing the petition.
It is respectfully submitted that the impugned notification is also in clear violation of Section 3 and Section 9 of the Transgender Persons (Protection of Rights) Act, 2019 (ACT NO. 40 OF 2019).
The Apex Court Directed the petitioner to file an application and implead the transgender association in 2 weeks.
petitioner is aggrieved by submitted that the impugned notification also contravene the Office Memorandum dated 20.04.2020 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions [F. No.39028/02/2016- Estt. (B)] (annexed herewith as ANNEXURE P-2) regarding inclusion of “Third Gender / any Other Category” in the application forms in recruitment to various posts under the Central Government.
It is Further submitted that the impugned notification is also in clear violation of Section 3 and Section 9 of the Transgender Persons (Protection of Rights) Act, 2019 (ACT NO. 40 OF 2019).
It is further submitted that The Hon’ble Apex Court in Re: NALSA v. Union of India (2014) SCC 438, recognizing the employment, educational and other fundamental rights of the ‘third gender’ and the respondent has issued the impugned notification is in clear violation of the directions given by
Hence, being aggrieved by the unconstitutionality of Notification dated 18.12.2020, the Petitioners herein are constrained to file the present Petition.
the injury caused to the community of transgender who are denied equal opportunity despite of direction of this Hon’ble Court passed in in NALSA v. Union of India (2014) SCC 438, to treat transgender “as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments.
The Apex Court has given 2 weeks’ time for the Association of Transgenders to implead in the case.
The petition is filed with following prayers
- Central
Government to give the
Transgender/Other-Gender/Third-Gender an equal opportunity for participating in
the examination for recruitment to the Post of Intelligence Bureau Assistant Central Intelligence
Officer (IB ACIO) Grade II/Executive;
and/or
- to issue an appropriate writ, order or direction in the nature of mandamus to the respondent Central Government to treat transgender “as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments and /or
- to pass such other writ (s), order (s) or direction (s) as is deemed fit and proper in the premises of the case, which is not specifically prayed for hereinabove.
