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Journalism of Courage
The Maharashtra Administrative Tribunal (MAT) recently asked the state government to come up within six months with a ‘clear policy’ on provision of jobs for transgender persons. The direction was especially in respect to the Police Department as the applicant has applied for the post of a police sub-inspector (PSI) and has to undergo a specific physical test.
The panel also asked the departments concerned in the state to file affidavits on the steps are taken by it in implementing the 2014 Supreme Court judgement asking it to take steps to treat transgender persons as Socially and Educationally Backward Classes (SEBC) of citizens and extend all kinds of reservations for admission in educational institutes and for public appointments. The plea referred to the judgement and sought reservation of posts for transgender persons in recruitment to 800 posts in the impugned advertisement.
Justice Mridula Bhatkar, chairperson of MAT, along with member Medha Gadgil was on August 1 hearing an application by a certain applicant who claimed to be transgender and sought direction to the Maharashtra Public Service Commission (MPSC) to allow her to apply for the post of PSI as a transgender candidate as set out in the June 23 advertisement. The applicant also prayed for reservation of posts for transgenders.
Advocate Kranti LC submitted said the applicant by birth was male but had opted for female gender later, and had therefore applied for the post as a transgender candidate as the option for the same is provided by the MPSC. The applicant also sought to be considered as a female candidate.
The MPSC submitted that the applicant will be allowed to appear for the preliminary examination which is going to be held on October 8. The applicant’s lawyer referred the 2014 Supreme Court judgement in the National Legal Services Authority Vs Union of India case, recognising several rights of the transgender community. The top court had ordered states to reserve some seats in government jobs for transgender persons. The applicant said as per the Constitution, there cannot be a discrimination on the basis of sex or gender.
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