Administrative departments asked to modify exam, service rules

Jammu: J&K government Wednesday asked all its administrative departments to modify the relevant Examination and Service rules for inclusion of a separate category of ‘Third Gender or any Other Category’ in the application forms in recruitment to various posts in the Union Territory.

They have been directed to ensure that the relevant rules are in conformity with the Transgender Persons (Protection of Rights), Act of 2019.

This Act makes it obligatory for the government to take appropriate steps to secure full and effective participation of transgender persons, their inclusion in the society, to facilitate their access to welfare schemes framed by the government and to prevent discrimination in matters relating to their employment.

In pursuance to the provisions of this Act, the Department of Personnel and Training (DOPT), Ministry of Personnel Public Grievances and Pensions, Government of India vide Office Memorandum No 39028/02/2016-Estt (B) dated April 20, 2020, had issued an advisory to all ministries and departments in Government of India, requesting for modification of the relevant Examination Rules to provide for inclusion of ‘Transgender’ as a separate category of gender.

“The Transgender Persons (Protection of Rights) Act of 2019, prohibits the discrimination, denial or unfair treatment of members of transgender community in educational establishments, employment, health institutions and public services etc,” observed the General Administration Department Commissioner Secretary Sanjeev Verma in circular instructions.

“DOPT had also notified Civil Services Examination Rules, 2020 on February 5, 2020, providing for inclusion of Transgender as a separate category of gender for the said exam. Accordingly, all administrative departments are requested to modify the relevant Examination and Service rules, as the case may be, for inclusion of a separate category of ‘Third Gender or any Other Category’ in the application forms in recruitment to various posts in the UT of J&K so as to ensure that the relevant rules are in conformity with the Transgender Persons (Protection of Rights), Act of 2019,” Verma directed.

Earlier on October 6, the government had appointed an officer of Jammu and Kashmir Administrative Service (JKAS) as ‘Complaint officer’ in the General Administration Department in terms of Section 11 of ‘The Transgender Persons (Protection of Rights) Act 2019.’