Mumbai: The Maharashtra Government on Friday told the Bombay High Court that it will allow transgender persons to apply for the posts of police constables in the ongoing state-wide recruitment process and that it would frame rules setting standards for their physical tests by February 2023.
The HC had warned the government on Thursday that it would halt the entire recruitment process and observed that the State was lagging behind in framing rules for creating provisions for their recruitment process.
Advocate General Ashutosh Kumbhakoni told a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja that the government would modify its website giving an option for the third category while filling out the online application form.
Government says trans persons can apply for post of constable
The government has clarified that for this recruitment process, it will allow transgender persons to only apply for the post of “Constable Driver” as its teams are homogenous of men and women for group activity. In addition, the government has the last date for submission of forms for everyone till December 15.
“By December 13, the third drop-down would be added,” said AG. As per the procedure, once rules are framed, physical tests would be conducted followed by a written examination for all candidates, he added.
Court directs Maharashtra government to frame rules by Feb 28, 2023
However, the bench asked why the government wanted the HC to tinker with the rules by asking the candidate to take a physical test later.
“Tomorrow you will go to the Supreme Court and say that the High Court has exceeded its jurisdiction,” quipped CJ Datta.
The HC has directed the government to frame the rules for the physical test by February 28, 2023, and then hold physical tests and finally the written tests. “It is directed that till rules are framed and physical tests are conducted, the state shall not proceed to conduct written tests,” said the bench.
The HC is hearing appeals filed by the government challenging two orders of the MAT to include the third gender option, apart from male and female, on its website for admission forms for posts under the home department. The tribunal had also said the government should fix criteria for physical standards and tests for transgender persons.
