HC directs transperson to approach state committee for job reservation

The petitioner requested the HC to issue directions to the state government to have horizontal reservations, as has been provided by several other states, pursuant to a Supreme Court order. However, the HC said it would wait for the committee to give its recommendations before passing orders

Mumbai: The Bombay high court on Tuesday directed Vinayak Kashid, a transperson, to approach the state-constituted committee to consider reservations for transgender persons in public employment.

Kashid, a post-graduate in electronic engineering, aspired to secure a job in the Maharashtra State Electricity Transmission Company Limited during its recruitment drive but was unable to do so due to the absence of reservations for transpersons. After the state electric company declined to provide reservations for transpersons, Kashid approached HC. (Getty Images)

The petitioner requested the HC to issue directions to the state government to have horizontal reservations, as has been provided by several other states, pursuant to a Supreme Court order. However, the HC said it would wait for the committee to give its recommendations before passing orders.

Kashid, a post-graduate in electronic engineering, aspired to secure a job in the Maharashtra State Electricity Transmission Company Limited during its recruitment drive but was unable to do so due to the absence of reservations for transpersons. After the state electric company declined to provide reservations for transpersons, Kashid approached HC.

Kashid said that though the SC had directed all states to provide reservations for transpersons by treating them socially and economically backward eight years ago, the state had failed to implement the same. Hence, Kashid said that he sought directions from the state to implement SC orders.

While hearing Kashid’s petition, the division bench of acting chief justice Nitin Jamdar and justice Sandeep Marne was informed by advocate general Birendra Saraf, for the state, that the petitioner should approach the committee set up for looking into the issue of reservations for transpersons.

Saraf further informed the bench that the existing reservations were already above the limit of 50% and considering the extent of vertical and horizontal reservations, which are already provided, providing additional reservations for transgender persons seems difficult.

He added that the Central government was yet to announce guidelines or regulations to implement the Supreme Court judgment of 2014. The apex court had granted various reliefs to transpersons, including providing reservations in educational institutions and government jobs.

Kashid then requested the HC to issue directions to the state government to have horizontal reservations for transpersons as some other states had adopted following the SC order.

The court considered the submissions and said that it would want the committee to consider the aspect of reservation first and asked the state to submit its recommendations to it. The bench also directed the petitioner to approach the committee and adjourned the hearing.

On March 3, the state government issued a government resolution providing a third window for transpersons in education and government jobs. Another GR constituting the expert committee was also issued at the time.