Civil Writ Petition No.21248 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.21248 of 2010 Date of decision: 6.7.2011 Gurminder Singh, Advocate ...Petitioner Versus Union of India and others ...Respondents and other connected petition being Civil Writ Writ Petition No.17295 of 2007. CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr. Gurminder Singh, Advocate, petitioner in person (in Civil Writ Petition No.21248 of 2010). Mr. Onkar Singh Batalvi, Advocate for UOI. Mr. V.K.Jindal, Addl. Advocate General, Punjab. Mr. Anil Rathee, Addl. Advocate General, Haryana. Mr. Sanjay Kaushal, Senior Standing Counsel for UT. ADARSH KUMAR GOEL, ACJ. This order will dispose of Civil Writ Petitions No.17295 of 2007 and 21248 of 2010 as issue involves in both the petitions is same. In Civil Writ Petition No.21248 of 2010, it has been stated that trans-gender persons are denied employment on account of requirement to mention sex as either male or female. It is pointed out that in counter affidavit dated 31.3.2010 filed by Shri Surender Kumar Malik, on behalf of Ministry of Social Justice & Empowerment, New Delhi in Civil Writ Petition No.17295 of 2007, it was stated that trans-gender persons being impotent have to be treated as medically unfit which is not legally tenable. On behalf of the State of Punjab, the stand taken is that a separate column of trans-gender other than a male and female would be incorporated in future in all application forms but having regard to Civil Writ Petition No.21248 of 2010 -2- **** sensitivity involved in certain jobs, trans-gender will not be treated to be woman. Where men are not eligible, trans-gender will also not be eligible. Notification dated 4.3.2011 has been duly issued making amendment to the Punjab Civil Services Rules Vol.I Part I. Learned counsel for the Union of India points out that in subsequent affidavit dated 31.3.2010, stand taken by the Central Government is that trans-genders are not debarred from taking up Government jobs and they have only to produce medical certificate of fitness from appropriate medical authority. Mere fact of being trans- genders will not be treated as a disability, as impotency is not a disability. The State of Haryana has also stated that trans-genders are not debarred from Government jobs and also claimed to have issued letter dated 26.3.2010 in this regard. The Union Territory, Chandigarh follows the policy of the Central Government. In view of above, there is no dispute that the trans-genders are not ineligible for Government service only on the ground of sex. However, it will be appropriate if such clarification is published in appropriate notifications by the concerned Governments, if such notifications have not been issued earlier. This may be done within two months from today. The petition is disposed of. A photocopy of this order be placed on the file of of the connected case. (Adarsh Kumar Goel) Acting Chief Justice July 06, 2011 (Ajay Kumar Mittal) Pka Judge