Maharashtra govt moves HC against MAT’s order for inclusion of third gender in forms

State contends that inclusion of the third option is a lengthy and herculean process, in the backdrop of the current recruitment of police constables

The Maharashtra government on Monday moved the Bombay High Court, challenging an order passed by the Maharashtra Administrative Tribunal (MAT) directing it to create a provision for transgenders in the application form for posts under the Home department.

A Division Bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja was hearing a petition filed by the State seeking to quash the order by MAT directing all government agencies to include a third gender in its application form.

It contended that the tribunal failed to consider that the process was a lengthy and herculean task.

An advertisement was issued for the recruitment of police constables. Arya Pujari, a transgender woman, applied online. However, there were only two genders mentioned in the application — male and female. Hence, Ms. Pujari could not fill in the online form.

On November 14, the MAT had directed the State government to create a third option for transgenders in the application form for all recruitments under the Home department. The tribunal had also said the government should fix criteria for physical standards and tests for transgender applicants.

However, the plea stated, “It is extremely difficult to implement the tribunal’s direction as the state government has not yet framed any policy regarding special provisions for the recruitment of transgenders. The timeline for accepting the forms has been already scheduled between November 9, 2022 till November 30, 2022.”

The tribunal had in its order directed the government to make necessary changes in its advertisement and display the same on its website by November 23.