Add third gender category in OPSC exam applications: OHRC to Odisha govt

The Odisha Human Rights Commission (OHRC) expressed concern over the absence of a third gender option in online application forms for competitive examinations and directed the state government to ensure its inclusion in examinations conducted by the Odisha Public Service Commission (OPSC).

The direction followed a petition filed before the Commission by a third gender candidate, Sony Sil, who highlighted the non-availability of a third gender/transgender category in the online application forms for the forthcoming state civil services and OPSC combined competitive examinations, as reported by The New Indian Express. 

As the application process for the examinations has already commenced, the Commission asked the state government to address the issue on a priority basis.

Directions To Government And OPSC

In its order, the OHRC recommended that the General Administration and Public Grievance department instruct the OPSC to incorporate a third gender/transgender option in the online application form. It further advised that the last date for submission of applications be extended by 15 days to enable eligible candidates to apply.

The OPSC has invited online applications for recruitment to 465 Group A and Group B posts, with the application window open from January 20 to February 20.

Compliance Report Sought

The Commission directed the state government to submit a compliance report within 60 days. It also asked the Social Security and Empowerment of Persons with Disabilities (SSEPD) department to issue instructions to all government departments and corporations to ensure that a third gender option is included in online recruitment applications.

Legal And Rights Observations

The petitioner alleged that the omission of the third gender/transgender category amounted to discrimination and violated fundamental rights. The Commission observed that the exclusion denied third gender candidates the opportunity to participate in the examination on an equal footing, thereby infringing their rights to equality and non-discrimination.

The OHRC held that the omission was inconsistent with the provisions of the Transgender Persons (Protection of Rights) Act and referred to Supreme Court directions recognising transgender persons as a third gender and mandating equal opportunities in public employment. It also noted that the SSEPD department had last year instructed all departments and recruitment agencies to revise rules and application formats to include a third gender category.

Disposing of the petition, the Commission recommended that the state government consider including a third gender/transgender option in all job applications and provide at least one per cent horizontal reservation for the category.