MAT directs Maharashtra to make provision for Transgender persons to apply for Home Department recruitment

The Mumbai bench of Maharashtra Administrative Tribunal (MAT) recently directed Maharashtra government to create a third option for transgender persons in application forms for all recruitments to the State Home Department [Arya Pujari v. State of Maharashtra & Ors.]..In an order passed on November 14, MAT’s chairperson Justice Mridula Bhatkar directed the State to also fix the criteria for physical standards and tests, so that online applications can be accepted. "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 said. .The tribunal was approached by one Arya Pujari, who wanted to apply for the job of a police constable. After an advertisement was issued for recruitment of police constables, Pujari attempted to apply online. However, in the application only two genders were mentioned - Male and Female - and no third gender was mentioned. Since the applicant being transgender could not fill up the column, the application could not be accepted and hence the applicant approached the tribunal. Advocate Kranti LC and Kaustubh Gidh, appearing for the applicant, highlighted the directions issued by the Supreme Court in the NALSA case to extend reservation to transgender persons in the educational institutions and public employment. Chief Presenting Officer SP Manchekar submitted that the government was still in process of drafting the policy for employment given to the transgender in public policy. He stated that though the examinations for the Maharashtra Public Service provide for reservation, however, there is not specific decision or policy in respect of recruitment of transgender in police force coming under the Home Department. "Basically, there is issue of fixing the identity of transgenders and providing them criteria for physical test and physical standards," the CPO submitted. The Court, however, said that the applicant, who is a transgender person, cannot be deprived of the opportunity to apply.It, therefore, passed an interim order to accept the application in the category of 3rd option i.e. transgender."The physical standards and the criteria of the physical test is to be decided on the basis of self-identified gender disclosed by the applicant (Pujari). Accordingly, the respondents should allow the applicant to apply for the post", the Tribunal said. .[Read order]