Maharashtra: Government moves Bombay HC against MAT order of recruiting of transgenders in police force

Mumbai: Contending that it has “not yet framed any policy regarding the special provisions for recruitment of transgenders, more specifically in the police force”, the Maharashtra Government has approached the Bombay High Court challenging the order of the Maharashtra Administrative Tribunal (MAT) asking it to make special provisions for the same.

The government mentioned the appeal before a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja seeking an urgent hearing to stay the tribunal order. The bench said it would hear the matter on November 30.

The MAT, on November 14, had directed the government to create a category for transgender’s in the application form for posts under the state home department while hearing a plea by a transgender person, Arya Pujari, who aspired to be a constable.

Pujari contended before the MAT that the online application form mentioned only two genders - male and female - and no third gender was mentioned, because of which Pujari could not fill in the online form. Apart from creating a provision for the third gender, the MAT also asked the government to fix a criteria for physical standards and tests for transgenders.

The government approached the HC challenging this order stating that it has not yet framed any policy regarding the special provisions for recruitment of transgenders, more specifically in the police force, and therefore, it is difficult to implement the directions of the tribunal in the ongoing police recruitment process. Also, the timeline for acceptance of the forms has been already scheduled between November 9 and 30 for various posts in the State Reserve Police Force, it said.

“Keeping in view overall nature of duties to be performed by the persons holding the posts for which the recruitment process is undertaken demonstrate that it is and will not be practicable to make appointment of transgenders to these posts,” it said, adding: "VArious grassroot level difficulties that need not be spelt out herein ought to be taken into consideration before to coming to any conclusion in this regard as to appointment of transgenders as sought by the petitioner and intended and directed by the (MAT) order."