Mumbai: The Bombay High Court on Wednesday directed the Maharashtra Government to make its stand clear regarding reservation for transgenders in the Maharashtra State Electricity Transmission Co Ltd (Mahatransco), saying that it wants to see a positive affidavit on the issue.
A division bench of acting Chief Justices SV Gangapurwala and SG Chapalgaunkar was informed that the Mahatransco has filed an affidavit stating that there is no constitutional or statutory provision or government decision mandating reservation in jobs for the transgenders. In the absence of these, it doesn't have the power to provide reservation for them, said Mahatranco.
Asking a senior government official to file an affidavit, Justice Gangapurwala said, “We want to know what the State’s stand is. That is important. And we hope and want to see a positive affidavit on that. We want an affidavit from a senior personnel within the concerned department of the government.”
The Social Justice and Special Assistance Department of the State government deals with the issue. The HC has kept the matter for hearing on January 9, 2023.
The HC was hearing a petition filed by Vinayak Kashid, 30, postgraduate in technology (electrical power system), who identifies herself as a trans person. Kashid has sought modification to the advertisement issued by Mahatransco in May this year for mass recruitment.
Kranti LC, Kashid’s advocate, said that the examination for the post was on Dec 29 and the government has not filed its reply to the petition. In May, Mahatransco 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.
The plea 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 judgments of the Supreme Court directing that such reservation be provided, it added.
“We want to know what the State’s stand is. That is important. And we hope and want to see a positive affidavit on that.”
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