The Maharashtra Administrative Tribunal (MAT) clarified it lacks the authority to mandate quotas for transgenders in public employment and education in the state. However, it emphasized the importance of fostering transgender inclusion in mainstream society.
MAT’s 26-page order came in response to applications filed by three transgender individuals applying for positions such as police constables and talathi. While the Maharashtra government conveyed the impracticality of providing reservations for transgenders, the tribunal, chaired by Justice Mridula Bhatkar (Retd) and member Medha Gadgil, directed the government to grant necessary grace marks to meet cutoffs and consider applicants with a minimum of 50% marks.
Acknowledging that no openly transgender person secured government employment, the tribunal underscored the urgent need for transgender inclusion. It emphasized the historical, mythological, and cultural instances of eunuchs’ participation in various fields. The tribunal expressed that mere recognition of transgender identity is insufficient, urging proactive steps for their meaningful inclusion in mainstream society.
Referring to constitutional provisions under Articles 15 and 16 that prohibit discrimination based on sex, the tribunal highlighted the challenges faced by transgenders in securing public employment. It critiqued the societal negativity hindering their growth and advocated for legal solutions to promote equality and harmony.
While recognizing Maharashtra’s challenges with vertical reservation reaching 62%, the tribunal urged the government to adopt necessary measures for transgender applicants to secure government jobs. It acknowledged the law as an instrument of “social engineering” and stressed the court’s role in addressing societal issues for justice.
Advocate Kranti LC, representing the petitioners, pointed out that several states, including Tamil Nadu, Chhattisgarh, Karnataka, Jharkhand, and Bihar, have implemented reservations for transgenders.
In conclusion, the MAT order emphasized the legal responsibility to address societal problems, striving for justice, and urged the government to take proactive measures for effective transgender inclusion in mainstream society
