Relief to the woman declared male in the medical test: High Court said – there is no fault in the petitioner; order of appointment in police department

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  • Bombay High Court To Maharashtra Govt Over Woman Declared Male In Medical Test

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Bombay High Court has given a big relief to the girl who was declared male in the medical test. The court has ordered the Maharashtra government to appoint the woman in the police department within two months. The court said that this is a very unfortunate case. No fault can be found in the petitioner, as she has made her career as a woman.

Actually, a 23-year-old woman had filed a petition in the court. It was told that he had applied for Nashik Rural Police Recruitment 2018 under the Scheduled Caste (SC) category. He passed the written and physical test. Later a medical examination revealed that she did not have a uterus and ovaries.

Females have both male and female chromosomes
Karyotyping tests at the National Institute of Immuno Hematology showed that she had both male and female chromosomes. Based on this he was declared a man. The woman told the court that she has been a woman since birth and all her school certificates and personal documents are registered in the name of a woman. He cannot be denied recruitment merely because he has been declared a male in a test.

Appointment of woman on non-constabulary post in police
During the hearing, Advocate General Ashutosh Kumbhakoni told the court that the state government, expressing sympathy in the matter, has decided to appoint the woman to a ‘non-constabulary post’ in the police. The conditions of employment and benefits for the petitioner woman will be the same as for other employees of her level who have been recruited through the normal process.

Thereafter, a bench of Justice Revati Mohite Dere and Justice Madhav Jamdar accepted the submission of the state and gave two months to the state government and the police department to complete the process.

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