Transgender Person’s Right To Employment

Posted On - 7 January, 2023 • By - King Stubb & Kasiva

The Maharashtra Administrative Tribunal had passed an order against the State of Maharashtra holding that transgender applicants, have the right to participate in the selection process for the position of police constable. The State government challenged the said order in the High Court of Bombay[1] and contended that the recruitment rules for the posts of police constable do not provide for transgender persons to apply, and hence the order of the Tribunal is contrary to the rules.

The High Court of Bombay rejected the contention of the State government and observed that the failure, negligence, or omission on the part of the State of Maharashtra to frame recruitment rules providing an avenue for transgender persons to offer their candidature for appointment to the posts of police constable cannot be urged as a valid ground to interdict the order passed by the Tribunal. The High Court directed the State government to facilitate submission of applications online by transgender persons by December 15, 2022.

[1] Writ Petition No. 15033 of 2022