Bombay HC Asked State Government to Give Reservations to Transgenders During Employment

Bombay HC Asked State Government to Give Reservations to Transgenders During Employment

Yesterday, in the matter of Vinayak Kashid v. MSETCL & Ors, the Bombay High Court asked the State government to consider giving reservations to transgender persons in the areas of education and employment. 

A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne observed during the hearing,

"If there is a hanging sword then things move faster."

The petition was filed by Vinayak Kashid seeking a modification to the advertisement issued by MahaTransco in May this year for mass recruitment.

Advocate Kranti LC, the Counsel member of Vinayak Kashid, informed the Court that only 1% reservation was provided in all caste categories in Karnataka. He prayed that such a reservation policy be adopted in Maharashtra as well. The Court questioned Advocate General Dr Birendra Saraf about the Maharashtra Policy.

The AG informed the Court that transgender persons got reservations under the Socially and Economically Backward Classes (SEBC) section. 

The Court, however, enquired about what would happen in the case of transgender persons from the general category. 

“There will not be transgenders only in the Socially and Economically Backward Classes (SEBC). SEBC will require a no-creamy layer certificate. There will be some transgenders in scheduled caste (SC), some in general, so why not give reservation across all categories?" the Court asked. 

The State Government issued a government resolution (GR) on March 3, 2023,  for the recruitment of transgenders in employment and education. The GR mentioned a committee set up under the social justice department consisting of 14 members. The 14 members were majorly secretaries of various State departments and psychologists.

"People from slumbers wake up only after the matters come to court,” the Bench quipped in response. 

The Bench posted the matter for hearing on June 7 and expressed its expectation of clarification from the State on the modality of reservation for transgender persons.

Saraf, however, requested three months' time for the committee to prepare and submit its report. 

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