The police did not recruit the petitioner, who had secured 171 of 200 marks in written and physical tests and had made it through the SC woman category cut-off, as her marks were below the cut-off – 182 marks out of 200 – for SC men category. (File)Calling it an “unfortunate case,” the Bombay High Court recently directed the police department to expeditiously implement the decision of the Maharashtra government to appoint a woman, who had qualified in the 2018 Nashik Rural Police recruitment drive from the Scheduled Castes (SC) category, to a non-constabulary post. This was after the HC was informed that the woman was not recruited, as a medical test had opined that she was a man and her qualification marks did not make the cut-off meant for the men’s category.
The HC noted that the petitioner, who was 19 years old when she applied for the post, was not aware that she was “any different” and was living her life as a woman, till she got to know about the medical examination result.
The police did not recruit the petitioner, who had secured 171 of 200 marks in written and physical tests and had made it through the SC woman category cut-off, as her marks were below the cut-off – 182 marks out of 200 – for SC men category.
“It is an extremely unfortunate case. The petitioner comes from a poor economic strata of the society; her parents are doing sugarcane cutting work; the petitioner is the eldest in the family and has two younger sisters and one brother… No fault can be found in the petitioner… according to her, she has all female attributes,” the HC noted.
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After written and physical tests, the woman underwent medical examination at J J hospital in Mumbai and later, the National Institute of Immuno Haematology (NIIH) conducted a Karyotyping test (to examine chromosomes) on her, which showed that her blood had “XY” chromosomes. The J J hospital wrote to the SP of Nashik Rural Police saying that it was of the opinion that the petitioner was a man.
Since the petitioner did not receive any response from the police department despite having qualified, she filed an application under the RTI Act and was informed she was ineligible for the post under SC men’s category. She then approached the police authorities and the HC, claiming she was living like a woman since birth and required the job to support her family.
Advocate Vijaykumar R Garad, appearing for the petitioner, told HC that his client had obtained necessary marks in the category she had applied for and the job cannot be denied to her on the basis of Karyotyping test result, which was not made available to her.
The HC order said that the petitioner was not aware that her anatomy was different and that she learnt of it only when she was sent to NIIH. It added that the petitioner’s birth certificate, educational certificates and identity proof showed that she was registered as a woman.
Advocate General Ashutosh Kumbhakoni said that considering her academic qualifications, the state will take a sympathetic stand and accommodate her on a non-constabulary post and treat her at par with others, which the petitioner accepted.
Kumbhakoni added that the special inspector general of Nashik Region will make an additional recommendation to the home department within 10 days of the HC order, after which the state will take a decision within two months.
“The wait has already been too long,” the HC said and directed the state to take a decision within four weeks from the receipt of additional recommendation. It will hear the case next on July 25.
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