The Maharashtra government informed the Bombay High Court on Monday that within a week, it will issue a government resolution (GR) providing a third window, in addition to those for male and female candidates, for transgender persons to apply for employment and education forums.
The statement was made by Advocate General Birendra Saraf before a division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne.
Govt to make amendments to Police Recruitment Rules in a week
Saraf also said that the government, within a week, will make an amendment to the Police Recruitment Rules to include physical standards for transgender persons for the posts of constables and drivers. In addition a committee will be formed to submit a report on guidelines framed for physical standards of transgender persons. The report will be submitted within eight weeks.
The AG further submitted that a committee will by constituted by the State within a week, in line with the Transgender Persons (Protection of Rights) Rules of 2020.
HC had earlier directed govt to frame rules according to 2020 guidelines
The high court, in December 2022, had directed the State government in to ensure that they frame rules in compliance with the 2020 guidelines.
The Central Rules of 2020 were issued in order to implement the Transgender Persons (Protection of Rights) Act of 2019. The Rules provide for a procedure that could be followed for a transgender person to be identified for purposes of employment. The Rules also included a directive to the states to come up with their policies to enable implementation of the Act within two years.
Two pleas had demanded amendment in rules
The HC was hearing a plea by the state government challenging the order of Maharashtra Administrative Tribunal ruling in favour of a transperson, Arya Pujari. Pujari, who aspired to be a constable, but could not apply for the recruitment process since the online application form mentioned only two genders - male and female - and no third gender was mentioned. Hence she approached MAT which directed the government to create a category for transgender’s in the application form for posts under the state home department.
Before Pujari’s plea, one Vinayak Kashid had filed a plea seeking modification to a recruitment advertisement issued by Maharashtra State Electricity Transmission Co. Ltd. (Mahatransco) in May last year which did not specify reservation for the transgender community. The advertisement issued by the MahaTransco was to recruit Assistant Engineers (Transmission) for 170 vacant posts.
Aggrieved by the exclusion of transgender community, Kashid approached the concerned authorities through phone calls and email. However, when there was no response to the same, Kashid approached the High Court.
In his plea, the HC had directed the government to frame the guidelines to include transpersons for recruitment process.
The government informed that the HC that it was in process of coming up with a policy, which MahaTransco could then adopt for themselves.
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