HC seeks state response to PIL seeking third gender inclusion in public sector employment

The HC has also directed the petitioner to add the Transgender Welfare Board of Maharashtra as a party to the petition

Mumbai: The Bombay high court has directed the state government and the Public Services Commission to respond to a Public Interest Litigation (PIL) seeking to provide reservations for the transgender population in the public sector as per the guidelines issued by the Supreme Court. The HC has also directed the petitioner to add the Transgender Welfare Board of Maharashtra as a party to the petition.

The petition states that though both wrote to the concerned authorities they did not get any response and hence they were constrained to file the current PIL (Praful Gangurde)

The division bench headed by justice A A Sayed while hearing the PIL filed by NGOs Sampada Mahila Grameen Sanstha and Muskaan Sanstha and two individuals was informed by advocates Vijay Hiremath and Swaraj Jadhav that the PIL was filed seeking directions to the state and Maharashtra Public Services Commission to comply with the Supreme Court guidelines issued in the National Legal Services Authority (NALSA) vs Union of India case of 2014.

The apex court had mandated the inclusion of transgender persons in public sector employment under the Socially and Economically Backward Classes (SEBC) of Citizens as a fundamental right under Article 15 and 16 of the Constitution of India.

The PIL cites instances of the two individuals, both transgenders, and are party to the petition wherein one of them who had finished her training from the Maharashtra Police Department for the post of police constable and the other who has an M Tech degree wanted to apply for a post in the Maharashtra State Electricity Transmission Company (Mahatransco). Both had tried to apply for the vacant posts last year in August and September respectively, however in the absence of a column for the third gender they were unable to apply for the said posts.

The petition states that though both wrote to the concerned authorities they did not get any response and hence they were constrained to file the current PIL.

“It is respectfully submitted that there is an urgent need for change in service rules. The Maharashtra State Public Services (Reservation of SC, ST, VJ, NT, Special Backward Category and Other Backward Classes) Act, 2001 so as to enable members of the transgender community to apply for the same,” states the petition. The petition also highlights the fact that the transgender community cannot apply for government jobs as it is based on the binary system.

The petition further states that though the Supreme Court order recognized members of the transgender community as the third gender, the state has failed to uphold the fundamental rights of such persons and hence is in violation of article 14, 19(1)(a) and 21 of the Constitution.

After hearing the petitioners, the bench directed the petitioners to include the Transgender Welfare Board of Maharashtra as a respondent and also directed the state, Maharashtra Public Services Commission and the Board to respond to the PIL within two weeks and posted hearing of the PIL after four weeks.