Bombay HC raps Maharashtra govt for failing to provide jobs for transgenders: '...you can't deny them jobs'

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing appeals filed by the government challenging two orders of the Maharashtra Administrative Tribunal (MAT) to include the third gender option apart from male and female on its website for admission forms.

Urvi MahajaniUpdated: Thursday, December 08, 2022, 10:23 AM IST
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Just because Maharashtra government doesn't have policy, can't deny them jobs: Bombay HC on trans persons recruitment | Photo: Representative Image

The Bombay High Court on Wednesday rapped the Maharashtra Government for failing to provide for the thirdgender category in the ongoing state-wide recruitment process for police constables.

A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing appeals filed by the government challenging two orders of the Maharashtra Administrative Tribunal (MAT) to include the third gender option apart from male and female on its website for admission forms.

During the hearing on Wednesday, the Government Pleader (GP) sought adjournment saying that they don't have a policy for recruitment of the third gender.

Irked, CJ Datta said, "Just because you don’t have a policy yet, you can't deny (job prospects for the third gender)."

In 2014, the Supreme Court, in the National Legal Services Authority judgment (recognition of transgender as third gender) had directed the extension of reservations to transgender in educational institutions and public employment.

Kranti C, advocate for transgender persons who had approached the MAT, pointed out that the Maharashtra Public Service Commission (MPSC) was accepting forms from the third gender for the posts of Police Sub Inspectors.

However, the GP said these recruitments were not being conducted by the MPSC. Not satisfied with the government's argument, the bench said they agreed with the MAT's order since even the SC had asked the state governments to make provisions for the third gender.

"Prima facie we are withthe tribunal. (Even the) Supreme Court has asked to make provisions (for the third gender category)," said CJ Datta. Asking the government to make necessary changes, the HCsaidit will consider at a later date whether the candidates were entitled to appointments.

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