Maharashtra To Have One Police Sub-Inspector Post Reserved For Transgender Community
The Mumbai bench of the Maharashtra Administrative Tribunal (MAT) has directed the state government to keep one post of a police sub-inspector (PSI) reserved for transgenders.
MAT chairperson, retired Justice Mridula Bhatkar, issued on Monday saying that it was bound by the Supreme Court’s 2014 judgment asking all state governments to have a reservation for transgenders for all public appointments.
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Plea filed by transgender candidate
The order came in a plea filed by one Vinayak Kashid, who sought to apply for the PSI’s post as a transgender candidate.
As per the application, Kashid was a male by birth and later opted to be a female. Kashid applied for the post of PSI, seeking to be considered a female candidate.
Kashid had in the application sought reservation of posts for transgender persons in the recruitment to 800 PSI posts set out in an advertisement issued by the Maharashtra Public Service Commission (MPSC) in June 2022.
Maharashtra govt sought time to frame policy
In August this year, the tribunal had directed the Maharashtra government to develop a policy in six months regarding the provision of posts for transgenders in educational institutions and public offices.
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On Monday, the state government lawyer told the tribunal that it was still considering framing a reservation policy for transgenders. Irked over this, the tribunal said the government had to follow the law of the land and the apex court judgment, which said all transgender persons have the right to decide their self-identified gender and directed the Centre and all state governments to extend reservation in cases of admission in educational institutions and for public appointments.
Bound by SC order
“It is difficult to accept the stand of the state government that the policy decision is not taken till date. In view of the Supreme Court judgment of 2014, it is obligatory on part of the government to follow the law of the land,” the MAT said in its order. Even though the government had not taken any decision, the tribunal was bound by the decision given by the apex court, it added.
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“We hereby direct the respondent (state government) to keep one post of PSI reserved for transgenders in socially and economically backward class for this examination first and thereafter at all stages (of appointment) as only one applicant has approached this tribunal,” the tribunal said.
Reservation in other states
In December 2021 Karnataka government had decided to give 1% reservation to transgenders across all the ranks in the police department.
In August this year, Chhattisgarh recruited nine transgenders as constables.
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However, the first transgender to be appointed as a police officer was Prithika Yashini, who became a Sub-Inspector in Tamil Nadu Police in 2017.
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