Maharashtra Govt to Bombay HC: Difficult To Provide Quota To Transgenders In Education, Employment Forums

Mumbai: The Maharashtra government informed the Bombay High Court on Tuesday that it is difficult to provide additional reservations to transgenders in education and employment forums.

This was stated by Advocate General Birendra Saraf before a division bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep Marne, hearing a petition by Vinayak Kashid, a post-graduate, who identifies as a transgender and has sought modification to the advertisement issued by the Maharashtra State Electricity Transmission Company (Mahatransco) in May this year for mass recruitment.

Advocate Saraf Recommends Petitioners To Make Representation Before the Expert Committee

Saraf said there are issues with the interpretation of Supreme Court’s judgements regarding reservations. “Considering the extent of vertical and horizontal reservations which are already provided, providing additional reservations to transgenders seems difficult,” he said. He recommended the petitioners could make a representation before the expert committee constituted to consider reservation for transgender persons.

Kranti LC, Kashid’s advocate, informed that the HC bench, led by then acting Chief Justice SV Gangapurwalla, had asked the expert committee to consider reservation aspect, the report of which is awaited. The bench then asked the government to submit a report of the committee.

If there is a hanging sword then things move faster: Bombay HC During Hearing In March

On March 3, the state government issued a GR for recruitment of transgenders in employment and education which stated that a 14-member committee has been set up under the social justice department, majorly comprising secretaries of various departments and psychologists. The court had asked the committee to consider reservation for transgenders and said it expects clarification from the government on the modality of reservation for transgenders. During an earlier hearing in March, the court had asked the government to consider granting reservation to transgender persons in the areas of education and employment. It had then observed: “If there is a hanging sword then things move faster.”

Kashid’s plea claimed that though Mahatransco allowed persons of the third gender to apply for the vacancies, no reservation was provided for candidates belonging to the category despite previous Supreme Court judgements directing that they be provided.

The HC has listed the matter for hearing on July 27.