The Maharashtra Administrative Tribunal had directed the government to make a provision for transgenders in the application form for posts under the Home Department. But the Maharashtra government has moved the Bombay High Court challenging this order on Monday. Information about the petition was given before a division bench of Chief Justice Dipankar Dutta and Justice Abhay Ahuja. In which an urgent hearing was sought to stay the order of the tribunal. The bench said it will hear the matter on November 30.
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Transgender Arya Pujari tried to apply online after the advertisement for the recruitment of a police constable was released. However, only two genders male and female were mentioned in the application and the third gender was not mentioned, due to which the priests could not fill out the online form. Following this, the MAT had on November 14 directed the state government to make transgenders a third option after two options for male and female in the application form for all recruitments under the Home Department. Arya Pujari, a transgender aspiring to become a police constable, had approached the Maharashtra Administrative Tribunal (MAT).
Demand to cancel the order of the tribunal from the High Court
The tribunal had also said that the government should set a benchmark for physical standards and tests for transgenders. The government, in its plea, claimed that the tribunal's direction was "extremely difficult" to implement as the state government has not yet formulated any policy regarding special provisions for the recruitment of transgenders. The deadline to accept the form is already set between 9/11/2022 to 30/11/2022. The petition sought the High Court to set aside the order of the tribunal as it was illegal and wrong in law. The petition states that the tribunal failed to consider that the process was a "complicated task and a lengthy process". The tribunal, in its order, had directed the government to make necessary changes in its advertisement and display it on its website by November 23. On November 25, acceptance of forms of transgenders after SP Manchekar, chief presentation officer representing the state, told that the government is still in the process of drafting a policy for transgender persons in public positions for given employment MAT extended the time till December 8 for.
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