Recently, The Kerala HC rejected a plea of the Kerala Public Service Commission (KPSC) challenging orders of the Kerala Administrative Tribunal permits transgender to apply for the post of Sub Inspector of Police (Trainee) in Armed Police Battalion. 

A division bench comprising Justice S V Bhatti and Justice Basant Balaji held -

“we are compelled to observe that the State Government/2nd respondent examine protection granted to the transgender persons by the Act, and the needful is done without subjecting them to avoidable litigation”

During the judgement, the court held that denial of the employment opportunity to Geetha would be in contravention of the protection granted to transgender persons under the ‘Transgender Persons (Protection of Rights) Act, 2019.

Adv Thulasi K Raj, counsel member of trans person argued that the Special Rules were enacted in 1984 and the Transgender Persons (Protection of Rights) Act came into force in 2019. The counsel made specific reference to Sections 2(k) (definition of "transgender person”), Section 3(h) (denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold public or private office) and Section 9 (Non-discrimination in employment) of the Act.

On the contrary, Adv. P C Sasidharan appearing for KPSC contended that the note appended to the position of Armed Police Sub Inspector in the Armed Police Battalion restricts the selection process to male candidates. It was argued by the counsel for the Commission that the KPSC being governed by the General and Special Rules pertaining to recruitment, cannot be directed to deviate from it and hence the order of the Tribunal was illegal.

Case Title - Kerala Public Service Commission V. Arjun Geetha & Others