Ahmedabad: Gujarat High Court has directed Gujarat Police Recruitment Board to keep one unarmed police constable post vacant for a transgender candidate who has sought a separate category for the third gender in the recruitment process.The 35-year-old petitioner from Bhavnagar has obtained a Certificate of Identity issued by the district collector under Rule 5 of the Transgender Persons (Protection of Rights) Act, 2019. Her Aadhaar card identifies her as female. However, as the recruitment board had provided only two categories — male and female — she was advised to apply under the female category.She cleared the physical standard test and physical efficiency test but scored 94 marks in the written examination, against the cut-off of 98.5 marks for the SEBC female category. Subsequently, she represented to the authorities, seeking consideration under a separate third gender category. With no response forthcoming, she approached the HC seeking directions to consider her candidature accordingly.Her advocate, Hannan Qureshi, cited a Supreme Court judgment in a case filed by the National Legal Services Authority, which directed governments to recognise and create a third gender category.The state govt opposed the petition, arguing that the petitioner had voluntarily opted for the female category during recruitment and raised the grievance only after failing to secure the requisite cut-off marks.After the preliminary hearing, Justice Aniruddha Mayee said, “As per the direction passed by the Hon’ble Supreme Court, they are to be treated as ‘third gender’ for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the state legislature. The state govt have been directed to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.”HC further said, “Prima facie, it appears that in the present recruitment process, transgender have not been categorised as third gender and no special category or criteria for recruitment has been laid down for them. Considering the same, pending the present petition, the respondent no.2 (recruitment board) shall keep one post vacant in the recruitment process.” Further hearing has been scheduled for Jan 5, 2027.
