The Mumbai bench of the Maharashtra Administrative Tribunal (MAT) has directed the state government to frame a policy in six months on the recruitment of transgender applicants in educational institutions and government departments.
MAT's chairperson Justice (retired) Mridula Bhatkar and member Medha Gadgil issued the direction on August 1 while hearing an application filed by Vinayak Kashid. The order became available on Wednesday.
The application, filed through Kashid's lawyer Kranti L C, sought a direction to the Maharashtra Public Service Commission (MPSC) to allow him to apply for the post of police sub-inspector as a transgender candidate.
The tribunal, in its order, referred to a Supreme Court ruling which had said that all transgender persons have the right to decide their self-identified gender and directed the Centre and all state governments to extend reservation to them admission to educational institutions and public appointments.
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“We expect that the state government will come out with a clear policy regarding provision of posts for other gender within six months especially in respect of the police department as the candidate (Kashid) has to undergo a physical test,” the tribunal said.
The state government's General Administration Department and Social Justice and Special Assistance departments should file affidavits stating what steps were taken to implement the Supreme Court order, the MAT said. The next hearing would be held on November 11, 2022.
Kashid in his application sought reservation for transgender persons in the recruitment to 800 posts of police sub inspector, advertised by the MPSC in June 2022. He was male by birth and later opted to be female, the application said. He has applied for the post of sub-inspector as a female candidate.
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The MPSC, on August 1, told the tribunal that Kashid's application has been accepted and he would be allowed to appear for the preliminary exams on October 8, 2022. Kashid's lawyer argued that he should not be disqualified in the physical test after clearing the written exams.
(With PTI inputs)
