Maha govt moves to Bombay HC against tribunal order directing to create provision for transgenders

The Maharashtra government moved the Bombay High Court challenging an order passed by the Maharashtra Administrative Tribunal directing it to a create a provision for transgenders in the application form for posts under the home department.

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

A transgender person, Arya Pujari, who aspired to be a police constable, had approached the Maharashtra Administrative Tribunal (MAT). After an advertisement was issued for the recruitment of police constables, Pujari applied online.

The government in its petition claimed it was extremely difficult to implement the tribunal's direction as the state government has not yet framed any policy regarding special provisions for the recruitment of transgenders. The timeline for accepting the forms has been already scheduled between 9/11/2022 till 30/11/2022, it added.

The petition sought the HC to quash the tribunal's order as it was illegal and bad in law. It said tribunal failed to consider that the process was a "herculean task and a lengthy process.