Read Time: 07 minutes

Synopsis

The Maharashtra Administrative Tribunal (MAT) stated on Wednesday that while the majority forms the government, it cannot suppress or ignore the rights of marginalized sections.

“The Transgenders are people in minority. Majority forms the Government, but majority cannot suppress or ignore the rights of marginalized section. The caliber and morality of the Democracy is tested on these yardsticks. Not only in India but in Western countries also sex is a taboo. The women of the world had to struggle for generations to have today’s position and yet to go ahead in respect of getting equal opportunity and equal treatment in the society. The case of transgenders is worse than the women,” the order reads.

The tribunal also emphasized that merely acknowledging transgender individuals in society is not sufficient; the state government must actively facilitate their appointments in government and public sectors.

“The mere identification and acknowledgment of their existence in the Society is not sufficient inclusion but to facilitate their appointments in Government and Public sector is inclusion in true sense. The Legislature with visionary approach has used the umbrella terminology ‘effective participation’ and ‘inclusion’ in Section 8 and is akin to Article 21 of the Constitution of India enabling the appropriate Government to make various provisions and keep the welfare avenues feasible for the transgenders to live with dignity,” the order states.

The division bench of the Maharashtra Administrative Tribunal, consisting of Chairperson Mridula Bhatkar and Member Medha Gadgil, heard an application filed by transgender individuals seeking to apply for the positions of police constable and talathi.

The applicants requested a directive to the state government to include an option for the third gender in online applications and sought reservations for transgender individuals.

The tribunal, in its order, stated that it could not mandate the government to provide reservations but could consider granting certain concessions.

The order passed by the tribunal highlighted that among the 5.5 lakh government servants working in various departments, not a single transgender individual who has openly identified as such has secured a job in the government sector.

“As on today in State of Maharashtra approximately 5.5 lakh Government servants are working on various posts in various Departments. But not a single transgender who has come out of closet has got a job in the Government sector. This fact itself speaks in volume. The transgenders are humans, are citizens of our great Country are waiting for their inclusion in the main stream. We have historical, mythological and cultural instances of eunuchs and their participation in political, social or cultural field,” the order reads.  

In November 2022, the MAT directed the state government to include a third option for transgender individuals in online applications.

Subsequently, in December 2022, the Bombay High Court instructed the state government to establish rules for the employment of transgender individuals in the public sector in adherence to the 2020 guidelines issued by the Central Government.

Despite the state government's resolution to recruit transgenders and the formation of a committee under the Social Justice Department, the government expressed difficulty in providing additional reservations for transgenders in education and employment.

However, the tribunal in its order dated 29th November 2023 directed the state government to award grace marks to applicants to meet the cutoff marks, consider those reaching 50% of total marks for the posts, and relax eligibility criteria.

Case title: Arya Vijay Pujari & Ors vs State of Maharashtra & Ors