The Madras High Court has directed Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) to appoint a transgender K Prithika Yashini as sub-inspector of police as she is entitled to get the job.
The ruling means that Yashini will finally be able to realize her dream of donning the police uniform in Tamil Nadu police department.
The court also directed TNUSRB to include transgenders as a “third category” in its next recruitment process.
The bench said that the discrimination suffered by transgender would be difficult for any of the other two genres to realise.
“The present case is one where the petitioner was categorised as man, though she was a female. She had undergone sufferance of an exit from her house without parental protection. It is in these difficult circumstances that the petitioner has been endeavouring to eke out a living”, the bench said.
The bench said the social impact of such recruitment cannot be lost sight of, which would give strength to the case of transgender.
Ms Yashini’s application for the SI post was initially rejected, following which she moved the High Court, and thereafter she was allowed to appear for the written examination.
Despite clearing the entire selection process, at the final stage, TNUSRB refused to recruit Yashini citing various reasons, including that she failed to qualify in the physical endurance test. She approached the court again.
Referring the submissions made by the Board in its counter affidavit that two other transgender candidates were already serving as police constables in the State, the Bench finally ruled in her favour.
Yashini, is 25 years old and was born as Pradeep Kumar and remained a male till she completed her post-graduate diploma in computer application from Bharathiar University.
After she was medically confirmed as a transgender, Yashini underwent a sex re-assignment surgery and obtained the necessary certificate.
The High Court’s decision would not open many avenues for the transgenders, who though till now had an access to colleges in the state, but when it came to getting government jobs, the opportunity was not open for many.
Talking about the new beginning, Yashini was ecstatic and said:
“I’m excited. It’s a new beginning for the entire transgender community.”
Her advocate, Bhavani, who is a known figure when it comes to representing similar cases for transgenders fighting to get a government jobs was also thrilled about the news and said:
“This order would open new opportunities for many transgenders.”
The Bench has appreciated the efforts made by advocate Bhavani Subbarayan and the fair stand of P.H. Arvindh Pandian, the Additional Advocate General.