No Constitutional or Statutory Provision Laying Down Reservation for Transgender Persons MahaTransco to Bombay HC

Team SoOLEGAL 3 Aug 2022 5:11pm

No Constitutional or Statutory Provision Laying Down Reservation for Transgender Persons MahaTransco to Bombay HC

New Delhi: The Maharashtra State Electricity Transmission Company Ltd. (MahaTransco) told the Bombay High Court that there is no constitutional, statutory provision, or government decision mandating transgender job reservation.

It was submitted that in the absence of such, the transmission company lacks the authority to provide reservations for transgender persons.

The submissions are part of an affidavit filed by the company's chief general manager Sudhir Wankhede in response to an individual's plea for a directive to the transmission company to alter its advertisement for mass recruitment issued in May of this year.

“The reservation which the petitioner is seeking is not provided by constitution, the statute or any government decision and such it is beyond the power and capacity of MSETCL to provide reservation for the category of transgender persons in the recruitment process,” the State-owned company stated.

The petitioner, Vinayak Kashid, a graduate in Electrical Engineering and postgraduate in Technology (Electrical Power System Engineering) course, was infuriated by the application form's exclusion of the transgender community.

“The demand of the petitioner seeking reservation as a transgender person is contrary to the statute since no reservation is yet provided by the Central or State government or under the Act of the Parliament or State legislature. The MSETCL has provided all types of reservations as contemplated by various statutes. The demand of the petitioner of seeking reservation in the recruitment as transgender person cannot be accepted,” MahaTransco's affidavit stated.

It also stated that neither the advertisement nor the recruitment process forbidden any transgender person from taking part in the process.

According to this, there was no infringement of transgender rights or discrimination against transgender persons.

Kashid claimed in the petition that she came across an advertisement issued by MahaTransco on May 4, 2022 to recruit Assistant Engineers (Transmission) for 170 vacant positions.

Kashid noted while filling out the form that the advertisement violated the Supreme Court's decision in National Legal Services Authority vs Union of India, in which the Supreme Court recognised several rights for the transgender community.

The Supreme Court also ordered states to reserve some government jobs for transgender persons.

The MahaTransco filed its response after Bench of Chief Justice Dipankar Datta and Justice MS Karnik called for a response in June 2022. Affidavits have yet to be filed by the state government.

Tagged: Constitutional   Statutory Provision  
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