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Maharashtra: Tribunal directs government to have ‘third gender’ option for constable recruitment

Transgender Recruitment Case: The Maharashtra Administrative Tribunal has allowed a second transgender candidate to apply for the post of police constable. The tribunal directed the state to give a third option as ‘other gender’ besides male and female in the recruitment application form by December 4.

In fact, after the release of advertisement for the recruitment of police constable, transgender Nikita Mukhyadal tried to apply online. However, in the online application, only two genders, male and female, are allowed to be opted for. There is no option for transgender persons in this. The recruitment notice does not provide for reservation for transgender persons.

The tribunal gave this order

The MAT, in an application filed by another transgender candidate, had on November 14 directed that at least one post be reserved for a transgender person in the selection process of constables this year. Apart from this, on November 18, the state was directed to add the option of other gender in all online application forms and to fix physical standards and criteria for tests for transgender candidates.

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On November 25, the deadline for submission of application forms for transgender persons was extended till December 8, 2022, after the state government did not implement the tribunal’s directive.

Maharashtra government challenged the order of the tribunal

The state government challenged these orders of the tribunal, claiming that they could not be implemented as no policy has yet been formulated with regard to the recruitment of transgender persons, especially in the police force.

Aggrieved by the exclusion of transgender persons from the police recruitment process, the applicant also wrote a letter to the Chief Minister and the Deputy CM regarding the issue, but has not received a reply so far. The application states that not providing reservation for transgender persons also violates the State’s obligation under Article 16 of the Constitution to make enabling provisions for weaker sections of the society. Apart from this, the application has sought a direction to the state government to include physical parameters required for transgender candidates in the upcoming physical examinations for the post of police constables.

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