The Maharashtra government and Maharashtra State Electricity Transmission Company (Mahatransco) were directed by the Bombay High Court on Tuesday to file their replies to a petition by a trans person seeking reservation in jobs in the state-run utility.
A division bench of Chief Justice Dipankar Datta and Justice Amjad Sayed issued notices to the state authorities on Tuesday and directed them to file their replies within two weeks.
The HC was hearing a petition filed by a 30-year-old Post Graduate in Technology (Electrical Power System), who identifies herself as a trans person.
According to the petition, Mahatransco, in May this year, had advertised for jobs for around 170 posts for assistant engineers (Transmission). While it provided for reservations based on caste, tribe, for OBCs, women and persons with physical disabilities, it did not provide reservations for trans people. “Hence, though the petitioner hails from the Other Backward category, the petitioner was forced to apply under the open category as advised by the respondent authorities at their helpline,” read the plea.
The plea, which was filed through advocate Kranti L C, claimed that though Mahatransco allowed persons of the third gender to apply for the said vacancies, no reservation was provided for candidates belonging to the category. This was despite previous judgements of the Supreme Court directing that such reservation be provided, it added.
The petitioner has claimed that the lack of reservation breached her fundamental right to earn a living as guaranteed by Article 19 of the Indian Constitution. Further it violates RIGHT TO Equal Treatment as enshrined in the Constitution.
“The enactment of Transgender Persons (Protection of Rights) Act, 2019, does not oblivate the responsibility of the respondents to comply wit the directives of the Supreme Court,” adds the plea.
She has prayed that the respondents be directed to reserve posts for transgender persons in the recruitment to the post of assistant engineers (transmission) as announced in their notice in May.
Asking the state authorities as to why no reservation had been provided for trans people, the high court has directed them to file their replies “within two weeks".