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State directed to consider girl who was declared “male” in medical test, for post in the Police department: Bombay High Court

The State Government of Maharashtra was directed to consider a woman who was declared as “male” in her medical test for the non-constabulary post in the police department by the Bombay High Court through the Division Bench of Justice Revati Mohite Dere and Justice Madhav J. Jamdar in the case of ABC v. State of Maharashtra (Writ Petition No. 8000 of 2021).

FACTS OF THE CASE:

A 19-year-old petitioner applied for the Nashik Rural Police Recruitment, 2018 under the Scheduled Caste reserved category. The advertising for the stated position was issued in 2018, and the petitioner applied for the same online. During the medical examination, it was discovered that the petitioner’s blood had “XY” Chromosomes. When the report arrived, the hospital sent a letter alerting the Superintendent of Police that they believed the petitioner was a “Male.”

JUDGEMENT:

The Bench noticed that the petitioner hailed from a low-income family and that her parents worked in sugarcane cutting. The petitioner was unaware that she was special and was living her life as a female. The Bench noted that no fault could be found in the petitioner because she had followed her job as a female throughout and possessed all of the feminine traits. As a result, the petitioner’s medical condition cannot detain the Court, given the State Government’s sympathetic stance and suggested course of action.

The Advocate General informed the Court that if the petitioner is assigned to a non-constabulary position based on her academic qualifications, she will be entitled to the same benefits as other ordinarily recruited workers.

Within two months, the State Government will make an appropriate judgement in good faith and sympathetically, taking into account the unique facts and circumstances of the case. Finally, the Court stated that, needless to say, the Police Department will take proper procedures to execute the State Government’s decision as soon as feasible. The Court ordered that the petitioner be kept aware of all developments as they occur.

JUDGEMENT REVIEWED BY REETI SHETTY

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