Mumbai: The Bombay High Court has pulled up the Maharashtra government for creating posts for transgenders under the Home Department. He expressed displeasure over not keeping two posts for transgenders and warned to stop the entire recruitment process. A bench of the Bombay High Court said - For seven years, this government is in deep sleep. You do not do your work and the aggrieved persons have to come to the courts. When courts pass orders, we are accused of encroachment. 

On Thursday, a bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja reprimanded the state government and warned categorically that if the government does not show leniency and therefore does not keep two vacant posts for at least two transgenders, then the court will stop the entire recruitment process. In fact, transgenders had approached the Maharashtra Administrative Tribunal (MAT) over the issue of not being able to fill out the form for the recruitment of police constables. "You will not make rules and you will not include them (transgenders) then we will stay the process, then you will be forced to make rules," the bench said. 

Explain that in 2014, the Supreme Court had asked for the recruitment of transgenders to fill public posts. Many states have implemented it while Maharashtra has not. Last month, a transgender approached MAT and said that they could not fill out the recruitment form as the third gender option was not available. Whereas the MAT had already directed the state government to ensure that transgender persons are able to fill out the form and have an opportunity to get recruited. The MAT had also said that the government should fix physical standards and criteria for testing transgenders. However, the state approached the High Court against the order of the MAT, saying that their recruitment process was already underway and they could not recruit members of the other gender at this point of time. The government claimed in its petition that to implement the tribunal's direction.

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