Maharashtra will open doors for transgender persons to apply to all employment and education forums: State to Bombay High Court

The Maharashtra government informed the Bombay High Court that it will issue a government resolution within a week providing a third window to transgender persons to apply to employment and education forums [State of Maharashtra v. Arya Pujari & Ors]..Advocate General Dr Birendra Saraf also informed the Court that a committee will by constituted by the State within a week, in line with the Transgender Persons (Protection of Rights) Rules of 2020.He added that the Police Recruitment Rules would be amended to include physical standards for transgender persons for the posts of constables and drivers. He added that general directions in that regard will be issued by the social justice department of Maharashtra within 2 days. .In December 2022, the High Court had directed the State government in to ensure that they frame rules in compliance with the 2020 guidelines. The Central Rules of 2020 were issued in order to implement the Transgender Persons (Protection of Rights) Act of 2019. The Rules provide for a procedure that could be followed for a transgender person to be identified for purposes of employment.The Rules also included a directive to the states to come up with their policies to enable implementation of the Act within two years..AG Saraf made his submissions before a Bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne in a petition filed by one Vinayak Kashid seeking modification to a recruitment advertisement issued by MahaTransco in May this year which did not specify reservation for the transgender community.The advertisement issued by the MahaTransco was to recruit Assistant Engineers (Transmission) for 170 vacant posts.Aggrieved by the exclusion of transgender community, Kashid approached the concerned authorities through phone calls and email. However, when there was no response to the same, Kashid approached the High Court. .The Bench was informed today that based on an order passed by a co-ordinate bench, the government was in the process of coming up with a policy, which MSETCL could then adopt for themselves.