Monday July 16, 2018
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Absence of transgender category on application forms, Delhi High Court questions UPSC about the issue

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image coutesy- www.news.civilserviceindia.com
image coutesy- www.news.civilserviceindia.com

By NewsGram Staff Writer

Delhi High Court asked the Union Public Service Commission (UPSC) on Monday, about the absence of the transgender category in this year’s application forms for Civil Services Preliminary Examination.

A bench of Justice Mukta Gupta and Justice P S Teji asked UPSC and Department of Personnel and Training (DoPT) asked that why transgender category has not been included as an eligibility criterion for the exam, when the Supreme Court had declared transgender as the third gender.

As reported by media outlets, the bench asked, “Despite the Supreme Court judgement of April 15, 2014, you are doing this. Why? Do you want to disqualify them straight away?” The bench also issued notices to UPSC and DoPT, asking them to submit their reply by Wednesday.

Lawyer Jamshed Ansari had filed public interest litigation (PIL) challenging the UPSC’s notice for the examination scheduled for August 23 with regard to the gender or sex eligibility criterion for applying.

Reportedly it stated that transgenders will not be able to apply for the civil services due to lack of a third gender option in the forms. It also sought addition or inclusion of transgender as an eligibility criterion in the online application forms for the examination.

The petition stated that the apex court had directed the Union and State Governments to take steps to treat the transgender community as a socially and educationally backward class and to extend all reservation to them in case of admission to educational institutions and for public appointments.

“The inclusion of the third gender in applications for the civil services examination would benefit transgenders, who were socially excluded from public employment”, said the petition as per media reports.

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Another Deadline Missed, No Draft Scheme on the Cauvery Dispute Till Now

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme.

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The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.
Supreme Court of India. Wikimedia commons

The Centre yet again failed to submit a draft Scheme on the Cauvery river water dispute before the Supreme Court on the ground that the Prime Minister and other ministers were campaigning in Karnataka, which Tamil Nadu flayed as “brazen partisanship”.

Seeking 10 more days to finalize the scheme, Attorney General K.K. Venugopal told Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud: “A draft scheme has been placed before the Cabinet. Because of Karnataka elections, the Prime Minister and all other Ministers are in Karnataka. Before that the Prime Minister was abroad (in China).”

It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.
Parliament of India, wikimedia commons

The Centre’s submission was countered strongly by senior counsel Shekhar Naphade, appearing for Tamil Nadu, who said: “Sorry to say, the Central government is politicizing the issue. They are worried about their electoral fate in Karnataka. Election in Karnataka is on May 12 and somehow they don’t want to do it till then. We have enough of it. It is brazen partisanship of the Union of India. It is the end of co-operative federalism.”

The apex court in its February 16 judgement had directed the Centre to frame a Scheme within six months in accordance with the recommendation by the Cauvery River Water Tribunal for constitution of the Cauvery Management Board (CMB) and Cauvery Regulatory Authority (CRA), which Karnataka opposes strongly.

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme. Tamil Nadu filed a contempt petition against the Centre for failure to act within the deadline.

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During Thursday’s hearing, the court directed the Karnataka government to respond on how much of the four TMC of water it can release by month end. It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.

In the course of the hearing, the court asked Karnataka to release 4 TMC of water by Monday.

The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.

The court directed the next hearing of the matter on Tuesday. (IANS)