State To Bombay HC: Maharashtra Will Allow Transgender People To Apply For All Employment & Educational Forums

The Maharashtra government on Monday informed the Bombay High Court that it will issue a government resolution within a week providing a third window to transgender people to apply to employment and education forums.

Advocate General Dr Birendra Saraf also informed the Court that the State will form a committee within a week in accordance with the Transgender Persons (Protection of Rights) Rules of 2020.

Saraf also stated that the Police Recruitment Rules would be amended to include physical standards for transgender people applying for constable and driver positions.

The High Court directed the State government in December 2022 to ensure that rules are framed in accordance with the 2020 guidelines.

The Central Rules of 2020 were issued to put the Transgender Persons (Protection of Rights) Act of 2019 into effect. The Rules outline a procedure that could be used to identify a transgender person for employment purposes.

The Rules also included a directive to the states to develop policies that would allow the Act to be implemented within two years.

AG Saraf made his submissions before a Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne in a petition filed by Vinayak Kashid seeking modification to a MahaTransco recruitment advertisement issued in May of this year that did not specify reservation for the transgender community. The MahaTransco advertisement sought Assistant Engineers (Transmission) for 170 vacant positions.

Kashid, outraged by the exclusion of the transgender community, contacted the relevant authorities via phone and email. However, when there was no response, Kashid approached the High Court.

The Bench was informed today that, in response to an order issued by a co-ordinate bench, the government was in the process of developing a policy that MSETCL could then adopt.