In the case of Maisnam Korouhanba Luwang v. State of Manipur and ors. a petition under Articles 226 and 227 of the Indian Constitution was filed with the main goal of overturning a decision made by the Kerala Administrative Tribunal on January 24, 2023, ordering the Kerala Public Service Commission to accept applications from trans women for the position of housekeeper at the Homoeopathic Medical College.
The petition’s applicant, a trans woman, obtained a transgender identification card under the Transgender Persons Protection of Rights Act of 2019. The candidate applied for a position as a housekeeper at the Homoeopathic Medical College. According to the allegations, only female candidates were allowed to apply for the position of housekeeper, and they had to agree to live in the hostel or institution where they had been hired. The Commission made it clear that the primary duties of the aforementioned position were to ensure the safety of female students residing in women’s hostels. The applicant was a trans woman, however, it was further noted that the software for online applications only accepts applications from women candidates.
Analysis of Court Decision
The Division Bench of Justice Alexander Thomas and Justice C. Jayachandran of the Kerala High Court declined to challenge the Tribunal’s decision and commended the Commission for its request to be heard by the Tribunal before the contested judgement was issued.
The Tribunal’s ad interim interlocutory order was upheld by the Court without its intervention. The Court noted that the aforementioned order was made by the Tribunal one week before the deadline for submitting an application in order to preserve the list’s subject matter. The Commission argued that they should have had a chance to respond before the Tribunal issued the contested order, and the Court agreed with this argument. The Tribunal was mandated by the Court to expedite the hearing and reach a decision on the case within three months. The Tribunal was further limited by the Court to only consider any additional claims at the time of the final judgement rather than issuing “piecemeal interim orders.