The State Government of Maharashtra has filed a petition in the Bombay High Court challenging a ruling by the Maharashtra Administrative Tribunal (MAT). The ruling mandates the government to award grace marks to two transgender individuals, facilitating their eligibility for the police constable exam.

The State Government's appeal, filed with the Bombay High Court, has prompted a response from a division bench consisting of Justice AS Chandurkar and Justice Jitendra Jain. The bench has issued a notice regarding the appeal, signaling the commencement of legal proceedings on the matter.

In November 2021, the State Government released an advertisement for the recruitment of police constables. Subsequently, two transgender individuals, Vinayak Kashid and Aryan Pujari, approached the Maharashtra Administrative Tribunal (MAT) requesting direction to the State Government. They sought the inclusion of a third option in the online application form specifically designated for transgender individuals.

In November 2021, the tribunal instructed the state government to incorporate a third option in the online application form specifically for transgender individuals. The State Government contested this directive, leading to a legal challenge before the high court. In December 2022, the high court resolved the appeal brought forth by the state government, ordering the state to implement the directive and create a dedicated third option for transgender individuals in the online application process.

Following the conclusion of the recruitment process, Kashid and Pujari found themselves ineligible for the examination. Consequently, they approached the tribunal once again, this time requesting reservations specifically for transgender individuals.

The tribunal has instructed the state government to grant grace marks to Kashid and Pujari, thereby qualifying them for recruitment, as they had attained 50% marks in the examination. However, the state government has challenged this directive in the high court, contesting the order to award grace marks to transgender individuals.

The state government argues that the directive to award grace marks could potentially disadvantage other deserving candidates who were not given an opportunity to present their case or included as respondents in the matter. Furthermore, the state contends that such a directive granting special treatment to only Kashid and Pujari violates Article 14 of the Constitution, which ensures equality before the law.

“That the Hon’ble Tribunal’s directions to the Slate Government. to give grace marks or give age relaxation to the 2 transgender would result in giving special favour to a specific individual to get them a government job in spite of failing the qualifying exam, which is totally unjust and violates Article 14 of the Constitution,” the plea filed by the state government reads.