If there is a hanging sword, things move faster: Bombay High Court urges State to grant reservation for transgender persons

The Bombay High Court on Monday once again asked the Maharashtra goverment to consider granting reservation to transgender persons in the areas of education and employment. [Vinayak Kashid v. MSETCL & Ors].A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne observed during the hearing,"If there is a hanging sword then things move faster.".The remarks came in a petition filed by one Vinayak Kashid, a graduate in Electrical Engineering and post graduate in Technology (Electrical Power System Engineering), seeking modification to the advertisement issued by MahaTransco in May this year for mass recruitment.Kashid’s lawyer, Advocate Kranti LC, informed the Court that 1% reservation was provided in all caste categories in Karnataka. He prayed that such reservation policy be adopted in Maharashtra as well. .The Bench asked Advocate General Dr Birendra Saraf why such a policy was not brought in Maharashtra. The AG informed the Court that transgender persons got reservation under the Socially and Economically Backward Classes (SEBC) section. .The Court, however, enquired what would happen in case of transgender persons from the general category. “There will not be transgenders only in the Socially and Economically Backward Classes (SEBC). SEBC will require no creamy layer certificate. There will be some transgenders in scheduled caste (SC), some in general, so why not give reservation across all categories?" the Court asked. .The Court asked the AG convey its suggestion to the newly-formed committee under the social justice department of the State government.The State had issued a government resolution (GR) on March 3, 2023 for recruitment of transgenders in employment and education. The GR mentioned a committee set up under the social justice department consisting of 14 members. The 14 members were majorly secretaries of various State departments and psychologists..When the Bench insisted that the committee look into the issue of reservation for transgender persons, Saraf said in a lighter vein the government had “woken up from a slumber” eight years after the Supreme Court ordered for opening doors of education and employment for transgender persons. "People from slumbers wake up only after the matters come to court,” the Bench quipped in response. .The Bench posted the matter for hearing on June 7 and expressed its expectation of a clarification from the State on the modality of reservation for transgender persons.Saraf, however, requested for three months time for the committee to prepare and submit its report. .Maharashtra will open doors for transgender persons to apply to all employment and education forums: State to Bombay High Court