MAT’s chairperson, retired justice Mridula Bhatkar, while passing the order, observed that it was bound by a 2014 order of the Supreme Court which had directed all the state governments to have reservations for transgenders for all public appointments.In a significant order, the Maharashtra Administrative Tribunal (MAT) on Monday directed the Maharashtra government to keep one post of a police sub-inspector (PSI) reserved for transgenders.
MAT’s chairperson, retired justice Mridula Bhatkar, while passing the order, observed that it was bound by a 2014 order of the Supreme Court which had directed all the state governments to have reservations for transgenders for all public appointments.
The tribunal was hearing an application filed by one VB Kashid seeking that the Maharashtra Public Service Commission (MPSC) be directed to allow the applicant to apply for the PSI’s post as a transgender candidate.
In August, the tribunal directed the government to frame a policy regarding the provision of posts for transgenders in educational institutions and public offices, within six months.
However, during the hearing on Monday, the advocate for the government informed the MAT that “the process of framing the reservation policy for transgender is still under consideration”.
Dissatisfied with the explanation, the tribunal observed that “it is difficult to accept this stand taken by the state government that the policy decision is not taken till date” though the SC had pronounced the judgement with specific orders on April 15, 2014. “It is obligatory on the part of the government to follow this law of the land,” it added.
The tribunal further said that although the government has not taken any decision on the matter, it is bound by the SC directions which said all transgender persons have the right to decide their self-identified gender and directed the Centre and all state governments to extend reservation in cases of admission in educational institutions and for public appointments.
Kranti LC, Kashid’s advocate, informed the tribunal that the applicant appeared for the preliminary examination on October 8 and the results are yet to be declared.
In his application, Kashid had sought reservation of posts for transgender persons in the recruitment to 800 PSI posts set out in an advertisement issued by the MPSC in June 2022.
According to the plea, Kashid was a male by birth and later opted to be a female. Kashid applied for the post of PSI, seeking to be considered as a female candidate.
The tribunal said, “We hereby direct the respondent (state government) to keep one post of PSI reserved for transgenders in socially and economically backward class for this examination first and thereafter at all stages (of appointment) as only one applicant has approached this tribunal.”