HC seeks state’s reply on transgender exclusion in police recruitment, jobs

Filed through advocates Hemant Ghadigaonkar, Sandesh More, and Hitendra Gandhi, the petition also calls for disciplinary action against errant officials and demands age relaxation for transgender applicants in police recruitment exams

MUMBAI: The Bombay High Court on Wednesday directed the Maharashtra government to file its response within two weeks to a petition challenging the exclusion of transgender persons from state policies and recruitment processes, particularly in the police force.

HC seeks state’s reply on transgender exclusion in police recruitment, jobs

The plea, filed against the Union of India and the State of Maharashtra, highlights the absence of reservations and recognition for transgender candidates in the 2022-23 Maharashtra State Police recruitment drive. It seeks enforcement of constitutional rights and the implementation of inclusive policies in education, employment, and housing.

Filed through advocates Hemant Ghadigaonkar, Sandesh More, and Hitendra Gandhi, the petition also calls for disciplinary action against errant officials and demands age relaxation for transgender applicants in police recruitment exams.

Nikita Narayan Mukhyadal, a transgender woman employed as a security guard with National Security Services, is the lead petitioner. She contends that the Maharashtra government has failed to frame a comprehensive policy to safeguard the rights of transgender individuals, despite clear directives from the Supreme Court and provisions under the Transgender Persons (Protection of Rights) Act, 2019.

The petition points out that the police recruitment advertisement dated November 6, 2022, made no mention of reservations or separate provisions for transgender applicants. Seventy-three transgender individuals applied but were placed in competition with female candidates, with their gender wrongly recorded as “female” instead of “transgender”. While one candidate cleared both the physical and written tests, she was ultimately denied the position due to the absence of reservation.

“The State has arbitrarily and without any justifiable basis categorised transgender persons under the (cisgender) female category. This violates Articles 14 and 15 of the Constitution and undermines the dignity of third-gender individuals,” the petition states.

The High Court had earlier, in 2022, instructed the state to formulate appropriate recruitment policies for transgender persons by February 2023. However, the petition criticises the government for failing to comply, noting that the delay has disqualified some candidates who have now crossed the eligible age limit for government jobs.

Mukhyadal has demanded that responsible officials be held accountable under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, which penalises dereliction of duty.

Taking note of the long-pending implementation of policies mandated by both the Supreme Court and the High Court, a division bench of Justices Girish Kulkarni and Advait Sethna directed the state government to submit its reply within two weeks.