In August, this year, the tribunal asked the state government to come up with a ‘clear policy’ on provision of jobs for transgender persons within six months. (Representational image)The Maharashtra Administrative Tribunal (MAT) has directed the state authorities to keep a post of police sub-inspector (PSI) reserved for transgender persons from socially and economically backward classes (SEBC). The MAT order, however, is specific to reservation to only one post as “only one application has approached the tribunal”.
The tribunal, on Monday, also observed that “it is difficult to accept” the stand taken by the state government that a policy decision on reservation for transgender persons for admission to educational institutions and government jobs had not been taken so far despite Supreme Court orders passed in the regard eight years ago.
Justice Mridula Bhatkar, chairperson of MAT, was hearing a plea by an applicant who claimed to be a transgender person and sought directions to the Maharashtra Public Service Commission (MPSC) regarding transgender candidates for the PSI post. The applicant also prayed for reservation of posts for transgender persons.
The lawyer for the applicant said that the applicant, by birth, was male but had chosen the female gender later, and had therefore applied for the post as a transgender candidate as the option for the same was provided by the MPSC.
In August, the tribunal asked the state government to come up with a “clear policy” on provision of jobs for transgender persons within six months. The direction was especially with respect to the police department as the person had applied for the post of a PSI and had to undergo a specific physical test.
The panel had also asked the departments concerned to inform it about the measures taken in implementing the 2014 Supreme Court judgment which directed that steps be taken to treat transgender persons as part of Socially and Educationally Backward Classes (SEBC) of citizens and extend all kinds of reservations for admission in educational institutes and for public appointments.
The plea referred to the judgment and sought reservation of posts for transgender persons in recruitment to 800 posts in the impugned advertisement.
The applicant’s counsel Kranti L C submitted that on October 8, the client, a transgender person aspiring for the post of PSI, appeared for the preliminary examination the results for which will be declared soon. The lawyer pointed out that the Maharashtra government has not maintained the reservation for transgender persons yet.
The applicant’s lawyer referred to the 2014 Supreme Court judgment in the National Legal Services Authority vs Union of India case, recognising several rights of the transgender community. The top court had ordered states to reserve a few seats in educational admissions and government jobs for transgender persons. The applicant said as per the Constitution, there cannot be discrimination on the basis of sex or gender.
However, S P Manchekar, the chief presenting officer for the respondent MPSC, informed the panel that the process of framing the reservation policy for transgenders by the state was still under consideration.
The panel observed: “It is difficult to accept this stand taken by the state government that the policy decision is not taken till date though the Supreme Court has pronounced the said judgment with specific orders and directions on April 15, 2014. Thus, it is obligatory on the part of the government to follow this law of the land…”
The panel directed the respondents “to keep one post of PSI reserved for transgender in socially and economically backward classes for citizens in this examination and thereafter at all the stages as only one applicant has approached this Tribunal.”