Transgenders category in UPSC exam only after SC clarifies: HC

A petition has contended that lack of the third gender option has resulted in transgenders not being able to apply for examination

UPSC today told the Delhi High Court that it cannot include transgenders as a third gender for applying for civil services exam as the category was not yet clearly defined by the Supreme Court.

The central government's Department of Personnel and Training (DoPT) told a bench of Justices Mukta Gupta and P S Teji that once the apex court clarifies the issue, then it can frame rules for the benefit of transgenders, which includes providing reservation for them.

The Centre submitted that it has moved the apex court seeking clarification on various issues, including the definition of transgenders as well as who would certify them as a third gender.

The submissions were made by Union Public Service Commission (UPSC) and DoPT in their affidavits filed before the bench which said it would hear the matter after the apex court takes up the Centre's application for clarification.

The PIL, which has sought quashing of UPSC's notice for CSP examination to the extent of the gender or sex eligibility criteria it has laid down for the test, has now been listed for hearing on July 27.

The petition has contended that lack of the third gender option has resulted in transgenders not being able to apply for examination which is scheduled to be held on August 23.

During the hearing, the court told the petitioner lawyer, Jamshed Ansari, that there is no definition of transgenders in the medical dictionary, nor are there any identifying features and the apex court had not said who would be the certifying authority, which is why there is "difficulty" in implementing the Supreme Court's judgement.

UPSC, represented by senior advocate A S Chandhiok, said that as per apex court verdict of April 15, 2014, transgenders also include bisexuals, gays and lesbians.

DoPT, represented by advocate Navin Chawla and assisted by advocate Kritika Mehra, said it has filed the application for clarification which is expected to be heard after the court vacation.