CASE: VEERA YADAV V. GOVERNMENT OF BIHAR & ORS.
CORAM: HON’BLE CHIEF JUSTICE AND HON’BLE JUSTICE PRABHAT KUMAR SINGH
The Bihar Government has informed the Patna High Court that a vide notification dated 14 January 2021 has taken a decision to grant reservations for persons belonging to the Transgender Community in appointment to the post of Constables/Sub-Inspectors. The Bench of Chief Justice Sanjay Karol and Justice Prabhat Kumar Singh further noted, accepting the aforementioned decision of the Bihar Government,
“Accounting for the total population of the Transgender Community in the State of Bihar, as per 2011 census, one post for every 500 posts of Constable/ Sub-Inspector stands reserved.”
Before the Court, the Advocate General read the contents of the affidavit filed by the Additional Chief Secretary, Home Department, and Government, dated 18 January 2021. Patna, from Bihar.
It may be noted that the Advocate General had told the court during the last hearing on this matter on 22 December 2020 that the Government was going to make a decision that would favour the Transgender Community as a ‘class’/category. On Monday, noting the State Government’s submission, on 28th January 2021, the High Court listed the matter in the ‘Order Matters’ category.
Background of the Case
On 14 December, though reminding the State to adopt a responsive approach, the High Court of Patna asked the State of Bihar to allow the transgender community to apply for the post of Constable.
The Bench of Chief Justice Sanjay Karol and Justice S. Kumar had examined the advertisement issued by the Central Selection Board of Constable and noted,
“From the Advertisement, it is not clear as to whether persons falling under the provisions of the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as the Act) can even apply for the post or not. The Advertisement only specifies the gender of the applicants to be Male or female.”
Furthermore, the Court had asked the state,
“Does it imply that the persons hailing from the Transgender Community are precluded from applying at all, or should not the authorities clarify that it shall also be open for such persons to apply? Significantly the candidates are required to apply online, and in the said form there is no reference of the applicants falling with the purview of the Act, enabling them even to apply.”
Finally, the Court had observed
“Prima facie what we find is that the persons belonging to the Transgender Community are totally precluded from the process of applying for a post of a constable, much less, agitate their right of reservation.”