The Maharashtra Administrative Tribunal (MAT) emphasized its inability to mandate reservations for transgenders in public employment and education but urged the state government to take proactive steps toward the community’s integration into mainstream society. This decision came during the hearing of applications from three transgender individuals, two applying for police constable positions and one for the role of talathi.
Despite the Maharashtra government’s assertion that providing reservations for transgenders would not be feasible, the 26-page MAT order directed the government to grant necessary grace marks to applicants for reaching cutoff scores. The tribunal urged consideration for those achieving 50% of total marks and suggested age relaxation for those barred by age if they secured 45% marks.
The order, issued by MAT Chairperson Justice Mridula Bhatkar (Retd) and member Medha Gadgil, highlighted the lack of government jobs for transgender individuals who have come out, emphasizing the need for their inclusion in mainstream society.
Asserting that transgenders are a minority group facing a situation worse than historical women demanding equality, the tribunal stated that the majority cannot suppress or ignore the rights of marginalized sections. It emphasized the importance of acknowledging transgender identity and providing opportunities in public employment, urging the government to take measures to enable their employment.
The MAT order referenced Articles 15 and 16 of the Indian Constitution, which prohibit discrimination based on sex, emphasizing the handicapped race for transgenders in public employment. The tribunal criticized the negative societal approach hindering their growth.
Advocate Kranti LC, representing the petitioners, cited states like Tamil Nadu, Chattisgarh, Karnataka, Jharkhand, and Bihar that have implemented reservations for transgenders. Despite acknowledging the challenges in Maharashtra due to the existing 62% vertical reservation, the tribunal urged legal solutions to meet the ends of justice and address societal problems.
