Transgenders can apply for constable posts, will frame rules by Feb 23: Maharashtra to Bombay HC

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The Maharashtra government on Friday told the Bombay High Court transgenders can apply for police constable posts and that it would frame rules setting standards for their physical tests by February 2023.

This comes a day after a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja rapped the state government for being in deep slumber and lagging behind in framing rules to allow transgenders to participate in the recruitment process.

Advocate General Ashutosh Kumbhakoni on Friday told the bench the government would modify its online website to include a third drop down for transgenders in the category of 'sex' in the online application form.

Two posts for police constable would be kept vacant for transgenders, he told the Bombay High Court.

"The last date to submit the forms for everyone is extended till December 15. By December 13, the third drop down would be added," Kumbhakoni said.

As per procedure, physical tests would be conducted once rules are framed, after which a written examination would be held for all candidates, he said.

The bench, in its order, said the government shall frame rules by February 28, 2023 and then hold physical and written tests.

"It is directed that till rules are framed and physical tests are conducted, the state shall not proceed to conduct written tests," the bench said.

The court was hearing a petition filed by the Maharashtra government against the tribunal's order directing it to create a provision for transgenders in the application form for posts under the home department.

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The Maharashtra Administrative Tribunal, while hearing applications filed by two transgenders, had on November 14 directed the state government to create a third option for transgenders apart from 'male' and 'female' in the application form for all recruitments under the home department.

The tribunal had also said the government should fix a criteria for physical standards and tests for transgenders.

The HC, in its order, said the two transgenders who had filed the application before the tribunal could submit their applications offline.

The HC, however, stayed one part of the tribunal's order by which it had directed the government to create provision for transgenders to apply in all posts under the home department.

The bench said the tribunal had gone beyond its jurisdiction while passing such a directive.

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