Reservation For Transgender: Bombay HC Seeks Clarification From The State Govt

The Bombay High Court on Monday directed the Maharashtra government to reconsider allowing transgender people reservations in education and employment.
A division bench comprising of Acting Chief Justice and Justice Sandeep Marne was hearing a petition filed by one Vinayak Kashid, a graduate in Electrical Engineering and post graduate in Technology (Electrical Power System Engineering), seeking modification to the advertisement issued by MahaTransco in May this year for mass recruitment.
During the hearing, the bench noted,
“Things go faster when there is a hanging sword.”
Appearing for the petitioner, Advocate Kranti LC informed the Court that Karnataka provides 1% reservation in all caste categories. He hoped that such a reservation policy will be implemented in Maharashtra as well.
The division bench questioned Advocate General Dr Birendra Saraf on why such a strategy had not been implemented in Maharashtra. The AG informed the Court that transgender people were granted quota under the provision for Socially and Economically Backward Classes (SEBC).
The bench, however, enquired what would happen in case of transgender persons from the general category.
“There will not be transgenders only in the Socially and Economically Backward Classes (SEBC). SEBC will require no creamy layer certificate. There will be some transgenders in scheduled caste (SC), some in general, so why not give reservation across all categories?” the bench inquired.
The division bench asked the AG convey its suggestion to the newly-formed committee under the social justice department of the State government.
On March 3, 2023, the State released a government resolution (GR) allowing the recruitment of transgenders in work and education.
The GR mentioned a 14-member committee formed under the social justice department. The 14 members were mostly State Department secretaries and psychologists.
While the Bench urged that the committee look into the matter of transgender reservation, Advocate Saraf joked that the government had “awakened from a slumber” eight years after the Supreme Court ordered the opening of doors to education and employment for transgender people.
“People from slumber wake up only when cases get to court,” the bench stated.
The bench scheduled the matter for further hearing on June 7 and sought clarity from the State on the mode of reservation for transgender people.
Advocate Saraf, on the other hand, sought three months for the committee to draught and deliver its findings.