MAT directs Maha govt to create option for recruitment of transgender persons in Home Dept

The tribunal was hearing an application by a transgender person, Arya Pujari, who aspired to be a police constable.

Vidya

By Vidya : The Maharashtra Administrative Tribunal (MAT) has directed the Maharashtra government to create the third option for transgender for all recruitments by the Home Department. This comes after the MAT had already directed the government to keep one position for the post of police sub-inspector (PSI) reserved for transgenders.

The Mumbai bench of MAT headed by Justice (Retired) Mridula Bhatkar directed the state to also fix the criteria for physical standards and tests, so that online applications can be tested. “We direct the State of Maharashtra to create the third option for transgender after the two options of male and female in the application form in all the recruitments in Home Department and so also to fix the criteria for physical standards and tests, so that online application can be accepted,” the tribunal order stated.

The tribunal was hearing an application by a transgender person, Arya Pujari, who aspired to be a police constable. After an advertisement was issued for recruitment of police constables, Pujari applied online. However, in the application, only two genders were mentioned – male and female – and no third gender was mentioned, because of which Pujari could not fill in the online form.

Advocates Kranti LC and Kaustubh Gidh, appearing for Pujari, pointed to the 2014 order of the Supreme Court extending reservations to transgender persons in educational institutions and public employment.

Before the tribunal, Chief Presenting Officer SP Manchekar, representing the state, submitted that the government was still in the process of drafting the policy for employment given to transgender persons in public policy.

Manchekar stated that though the examinations for the Maharashtra Public Service provided for reservation, there is no specific decision or policy in respect of recruitment of transgender persons for the police force coming under the Home Department. He said that, “Basically, there is the issue of fixing the identity of transgender persons and providing them with criteria for physical tests and physical standards.”

However, MAT said that, “The physical standards and the criteria of the physical test are to be decided on the basis of the self-identified gender disclosed by Pujari. Accordingly, the state should allow Pujari to apply for the post.”

Courtesy : India Today

Note: This news piece was originally published in indiatoday.com and used purely for non-profit/non-commercial purposes exclusively for Human Rights .