Ganga in her petition had pleaded that she had mentioned her gender as female in the application form and her selection was also done on that basis.
Ganga Kumari of Raniwara will create a record of sorts when she will become the first transgender to join Rajasthan police as a constable.
Ganga had applied for police recruitment in 2013 and was selected on February 13, 2015 but her selection was cancelled when she was found to be a transgender in the medical examination. However, Ganga challenged the decision and after four-year legal battle she finally got what she rightfully deserved. Hearing the petition filed by Ganga, Justice Dinesh Mehta of the Rajasthan High Court on Monday ordered the Home Secretary to appoint Ganga on the post of constable within six weeks and she should also be given all the emoluments from 2015.
Ganga in her petition had pleaded that she had mentioned her gender as female in the application form and her selection was also done on that basis. During the hearing of the petition at the High Court, Ganga’s counsel Rituraj Singh cited the Supreme Court verdict of the National Legal Service Authority Council of the Union of India saying, none of the cross-genders can be neglected. Every Indian citizen has the right to get a job according to the constitution. It is not written that the transgender will not be appointed. Anil Bissa, the counsel for the state government, told the court that during the medical examination, petitioner was found to be of third category (transgender) and in this connection, the bill was also passed on behalf of the state government which is pending in Parliament and there is no option or category of transgender mentioned anywhere in the relevant rules. Amendments to related rules are possible only after the bill is passed by the state government.
Justice Mehta reprimanded the govt counsel and said that if the bill will not passed for three years, would any transgender not get a job? Agreeing with the arguments of Ganga’s lawyer, Justice Mehta issued orders to the home Secretary of the Government, Director General of Police and Jalore SP for the appointment of Ganga as a constable.
Also, orders have been issued to to give her emoluments from December 2015.
Overjoyed by the decision, Ganga said, ”that there was no option other than male and female in the form of police recruitment That’s why I applied in the female category due to the identity of a girl from childhood. I have full confidence that when I get the appointment, I will prove to be a good constable.