A bench of the Bombay High Court was hearing a petition of two transgenders who approached the Maharashtra Administrative Tribunal last month pointing out that they were not able to fill in the recruitment forms as the option of third gender was not available.
Mumbai,UPDATED: Dec 9, 2022 00:06 IST
A bench of the Bombay High Court was hearing a petition of two transgenders who approached the Maharashtra Administrative Tribunal last month pointing out that they were not able to fill up the recruitment forms as the option of third gender was not available. (File photo)
By Vidya : The Bombay High Court came down heavily on the Maharashtra government warning that it would halt the recruitment for government jobs if it did not keep at least two posts vacant for two transgenders, who had registered a complaint with the Maharashtra Administrative Tribunal (MAT) of not being able to fill forms for lack of options in the gender category.
A bench of the Bombay High Court comprising Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing a petition of two transgenders who approached the MAT last month pointing out that they were not able to fill up the recruitment forms as the option of third gender was not available.
The tribunal had directed the state government to make sure that the transgenders are able to fill up form so that they stand a chance of getting recruited. It also directed the state government to fix a criteria for physical standards and tests for transgenders.
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However, the state government approached the high court against the MAT order stating their recruitment process was already underway and they cannot recruit members of other gender at the moment. In its petition, the government said it was “extremely difficult” to implement the tribunal’s direction as it has not yet framed any policy regarding special provisions for the recruitment of transgenders.
In 2014, the Supreme Court had asked for recruitment of transgenders while filling up public posts. Many states have implemented the rule while Maharashtra is yet to bring into effect the apex court’s order.
On Thursday, advocate Kranti L C, appearing for the transgenders, stated that eleven state governments have already made provisions pursuant to the apex court order. To this, the bench said, “Why should Maharashtra lag behind? We want Maharashtra to also do it.”
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Chief Justice Datta said, “Think of the progressing society we are in. We feel if someone is lagging behind, why shouldn’t we come to their rescue? God has not been kind to everybody. We need to be kind.”
Advocate General Ashutosh Kumbhakoni, representing the state government, told the court that the government was not against transgenders but was facing practical and legal difficulties.
To this, the bench remarked, “For seven years, this government is in deep slumber. You don’t perform your functions and aggrieved people have to then come to courts. When courts pass orders, then we are accused of overreaching. The MAT has done the right thing.”
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The bench said that the government cannot have it both ways. “You (government) won’t frame the rules and you won’t include them (transgenders). Then halt the entire recruitment process. We will stay the process then you will be forced to frame rules.”
The bench directed Kumbhakoni to take instructions from the government on whether it was willing to keep two posts vacant for the transgenders, who approached MAT, and then frame rules for future recruitment and posted the next hearing of the case on Friday.
