Bombay HC tells state government it prima facie agrees with tribunal’s order to make provision for a third gender in forms for recruitment in the home department
Chief Minister Eknath Sinde with his deputy and home minister Devendra Fadnavis. File pic/Shadab Khan
The Bombay High Court on Wednesday said it prima facie agreed with the Maharashtra Administrative Tribunal directing the government to create a provision in application forms for the appointment of transgender people under the home department.
A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing a petition filed by the state government, seeking a stay on the tribunal’s order dated November 14.
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The government requested the HC to quash the tribunal’s order, stating that it was illegal and bad in law.
The government claimed it was “extremely difficult” to implement the tribunal’s direction as it is yet to form a policy regarding special provisions for the recruitment of transgender people.
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“The Supreme Court has already asked all states to make provision for the third gender. Just because you (the government) don’t have a policy yet, you cannot deny (job prospects for the third gender persons),” Chief Justice Datta said.
“You have to introduce the changes. Make provisions...carry on with the process,” he added.
A transgender person, Arya Pujari, who aspired to be a police constable, had approached the tribunal after she couldn’t fill out the online form for the post, as it mentioned only two genders—male and female.
The tribunal had asked the state government to create a third gender option on all forms for the transgender community, make necessary changes in its advertisement and display the same on its website by November 23.
The tribunal also said the government should fix criteria for physical standards and tests for the transgender people.
On November 25, the tribunal extended the deadline to December 8 after being informed by Chief Presenting Officer S P Manchekar that the Maharashtra government was still in the process of drafting the policy for employing transgender persons in public posts.
14
Day in Nov when the tribunal passed an order asking the state to add third gender option in all forms
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