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 Transgender Persons.

In an order passed on Monday, the tribunal's chairperson, retired Justice Mridula Bhatkar, said it was bound by the Supreme Court's 2014 judgment asking all state governments to have reservation for transgender persons for all public appointments.

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The tribunal was hearing an application filed by one Vinayak Kashid, seeking a direction to the Maharashtra Public Service Commission (MPSC) to allow the applicant to apply for the PSI's post as a transgender candidate. A copy of the MAT's order was made available on Tuesday.

In August this year, the tribunal had directed the Maharashtra government to come up with a policy in six months regarding provision of posts for transgenders in educational institutions and public offices.

MAT observations

On Monday, the state government lawyer told the tribunal that it was still considering framing of a reservation policy for transgender persons.

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.

"It is difficult to accept the stand of the state government that the policy decision is not taken to 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.

"We hereby direct the respondent (state government) to keep one post of PSI reserved for transgender persons 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.

Kashid's plea

On Monday, Kashid's lawyer Kranti LC informed the tribunal that the applicant appeared for the preliminary examination on October 8 and the results are yet to be declared.

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.

As per the application, Kashid is a transwoman who was assigned male at birth. Kashid applied for the post of PSI, seeking to be considered as a female candidate.