Bombay HC asks state govt to clarify its stand on job reservation for transgenders at MSETCL
After the counsel representing the state-run discom told the bench that reservation for hiring trans persons would depend on the state government's position, the bench asked the lawyer representing the state government to clarify its stand and to "preferably" file a "positive affidavit" by the Principal Secretary of the department concerned.
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Advocate Kranti LC for the petitioner trans person, seeking reservation for jobs in the state-run company, informed the bench that the government was to conduct the examination through online mode on December 29, and if the petitioner and other trans persons do not get the reservation, they will be deprived of the job opportunity. The Bombay High Court on Wednesday directed the Principal Secretary of Social Justice Department to place their stand on the reservation for transgender policy in Maharashtra State Electricity Transmission Company Limited (MSETCL) — also known as MahaTransco.
After the counsel representing the state-run discom told the bench that reservation for hiring trans persons would depend on the state government’s position, the bench asked the lawyer representing the state government to clarify its stand and to “preferably” file a “positive affidavit” by the Principal Secretary of the department concerned.
Advocate Kranti LC for the petitioner trans person, seeking reservation for jobs in the state-run company, informed the bench that the government was to conduct the examination through online mode on December 29, and if the petitioner and other trans persons do not get the reservation, they will be deprived of the job opportunity. A division bench of Acting Chief Justice Sanjay V Gangapurwala and Justice SG Chapalgaonkar was hearing the plea by Vinayak Kashid — a graduate in Electrical Engineering and a post graduate in Technology (Electrical Power System Engineering) course, seeking modification to the advertisement issued by MahaTransco in May 2022 for mass recruitment.
The petitioner submitted the form after coming across an advertisement issued by MahaTransco on May 4 to recruit Assistant Engineers (Transmission) for 170 vacant posts. She, however, noted before the form submission that the advertisement was in breach of the Supreme Court judgment in the National Legal Services Authority Vs Union of India case, which had recognised several rights for the transgender community — the SC had ordered states to reserve seats for transgender persons for government jobs.
Kashid claimed that there was, however, no reservation for transgender persons and “aggrieved” by the exclusion of the community, she approached the authorities concerned. She, however, got no response, which prompted her to approach the High Court. Kashid said that the recruitment advertisement violated fundamental rights given by Constitution, and therefore, the court shall pass a direction to the company to reserve posts for transgender persons and pending hearing, and put a stay the recruitment notice till the final disposal of the plea.
The state-run company in its affidavit filed through MSETCL Chief General Manager (HR) Sudhir Wankhede had said there was no Constitutional or statutory reservation for transgender persons, so, its decision to refuse the same was as per the law. It had added that the firm allows transgender persons to apply for jobs, therein, by choosing a gender other than male or female. All individuals, including transgender persons, can avail only reservations provided in the Constitution or statutes as per eligibility and can avail all the benefits of vertical and horizontal reservations available if they belong subject to fulfilment of the minimum qualification and other qualifying criteria, it added. The department had also mentioned that the “advertisement had included all types of reservations recognised by the Constitution or central and state policies, and the recruitment process did not violate any fundamental right of the petitioner”. The MSETCL sought a rejection of the plea.
The High Court will hear the plea next on January 9, 2023.
The High Court on December 9 directed the Maharashtra government to frame recruitment rules for transgenders persons as per the Centre’s rules for Transgender Persons (Protection of Rights) by February 28, 2023.
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