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A Notification No. 15/2019-2020 was issues by the Respondents calling ‘men’ and ‘women’ for filling up vacancies for the post of Special Reserve Constable force and bandsmen. The petitioner Sangama by its Director and Another is a society dedicated towards working the upliftment and welfare of sexual minorities. The petition was filed against the Karnataka Government for issuing an unconstitutional and discriminatory notification.
The petition sited the case of NALSA v. Union of India (2014) SCC 438, recognising the employment, educational and other fundamental rights of the 'third gender'. The petition mentions that specifications of two particular genders is total disregard to the third gender even though the Supreme Court has recognised the legal rights of the third gender and entitled to all Fundamental Rights guaranteed under the Constitution of India and under the International Law.
In a case of Ganga Kumari vs. the State of Rajasthan WP No. 14006/2016 filed before the Honourable Rajasthan High Court where Petitioner was recruited to be a part of the police force but her selection was cancelled due to her being a third gender, the court upheld the fundamental rights of the petitioner.
Recruitment process was to fill up 2672 vacancies in total but there was no mention of involving the third gender even in such large number of vacancies. The world has recognised the rights of the third gender and the fact that the Karnataka government took a blind eye towards the community will be considered very orthodox and ignorant.
The plea prays to issue orders to the Karnataka State Government include a category specifically for the transgender persons for the above posts and consider all the applications by them at par with the other two genders. They have also prayed to direct the government to formulate a reservation policy for the transgender community for their recruitment to the post of Bandsmen and Special Reserve Constable Force. The Court has decided to hear the petition on the 21stof July.
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