HC asks Maharashtra govt to consider reservation for transgenders in educational institutions, govt jobs

Bombay High Court. File Photo

The Bombay High Court on Monday asked the Maharashtra government to consider granting reservation to transgenders in state-run educational institutions and government jobs.

A division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne asked a committee set up by the state government for the issue to consider and submit a report by June 7.

When Advocate General Birendra Saraf sought more time, the court remarked, "If there is a hanging sword then things move faster." Vinayak Kashid, a transgender who is a graduate in Electrical Engineering and post graduate in Technology (Electrical Power System Engineering), had filed a petition seeking modification to the advertisement issued by MahaTransco in May this year for mass recruitment to include transgender category.

Kashid's lawyer, Advocate Kranti LC, informed the court that 1 per cent reservation was provided for transgenders in all caste categories in Karnataka, and sought that such reservation policy be adopted in Maharashtra as well.

The court then sought to know why such a policy was not adopted by the state government. Saraf informed the court that transgender persons got reservation under the Socially and Economically Backward Classes (SEBC) section.

The bench, however, asked what would happen if a transgender person was from the general category. "There may be some transgenders from the scheduled caste, some in general...so why not give reservation across all categories," the court asked.

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The court asked the AG to 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.

As per the GR, a committee would be set up under the social justice department comprising 14 members, who were majorly secretaries of various state departments and psychologists.

When the court asked the committee to look into the issue of reservation for transgender persons, Saraf in a lighter vein said 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.

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