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Apart from other relaxations and concessions extended to the socially and economically backward classes, the Madras High Court has made strong recommendations to the State Government of Tamil Nadu for providing a specified percentage of special reservation for transgender persons in matters of public employment. 

The bench of Justice M.S. Ramesh passed the order in this regard while pulling up the Tamil Nadu Government for the “inadequate” privileges, claimed as reservation, granted so far to members of the transgender community in public employment.

Specifically, in reference to the Common Recruitment Processes conducted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB), Court said, "The relaxations in the upper age limit for the TGs (transgender persons), cannot be termed to be a “reservation”... Also, clubbing of the TGs along with the 30% reservation for Women, without an exclusive reservation for the TGs, is also not a reservation."

Therefore, stressing that in the context of the facts of this case, the term “reservation” is distinct from the terms “concession” and “relaxation”, Court noted that the TNUSRB while issuing notification for recruitments for the post of Grade-II Police Constables and like had done mischief tagging the TGs, who identify themselves as “females”, along with the 30% vacancies earmarked for Women.

Court said, "Though this reservation may be said to be in compliance of the powers of the State to provide reservation under Article 16(4), such reservation cannot interfere or override Article 16(1), which provides for equality of opportunity in matters of public employment for all the citizens under the State."

Court added that to worsen things, the TGs who identified themselves as “Male” or “Third Gender” were made to compete along with the general candidates (both Men and Women) in the remaining 70% reservation, which is violative of Articles 14 and 16(1).

Court stated, "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)."

Therefore, court concluded that TNUSRB, while granting certain relaxations/concessions to only TGs identifying as 'female' and depriving TG-male category of those benefits, had failed to comply with the direction issued in National Legal Services Authority (NALSA) V. Union of India and Others(2014) and The Chairman, Tamil Nadu Uniformed Services Recruitment Board V. Aradhana (2018) in true spirit. 

In accordance with the same, court further recommended to the Tamil Nadu state government for providing relaxations in the physical measurement tests, endurance tests and physical efficiency tests for the transgender persons, who identify themselves as “Male” or “Third Gender”, on par with the concessions extended to Women candidates and other socially and economically backward classes.

In context of the case at hand, court held that since the selection process in question, i.e. recruitment for the post of Grade-II Police Constables was found to be unconstitutional, illegal, irrational and unreasonable, therefore, insofar as it pertains to the failure to provide reservations and concessions for the TGs, would be amenable for judicial review.

Court, therefore, allowed the petition filed by transgender persons challenging the recruitment process for Grade-II Police Constables conducted by the TNUSRB and quashed the disqualification of the petitioners in the present case from the recruitment process for the posts of Grade-II Police Constables for the years 2017-18, 2019 & 2020.

Court further directed the The Member Secretary of TNUSRB to treat all the petitioners, 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 the order. 

Case Title: Saratha vs Member Secretary, Tamil Nadu Uniformed Services Recruitment Board