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Maharashtra files appeal before Bombay High Court against MAT order to make provision for Transgender persons to apply in Home Department

The State government in its appeal before the High Court highlighted the administrative difficulties faced by the State to come up with a policy.

It said that the Central government has to take a policy decision first and not the State government. The State will follow the directions of the Centre, it was submitted.

The State pointed out that it is yet to frame any policy regarding the special provisions for recruitment of transgender persons, more specifically in the police force.

Therefore, it is extremely difficult to implement the directions of the MAT in the ongoing police recruitment process in which the timeline for acceptance of forms was already scheduled between November 9 to November 30.

“The Tribunal failed to consider that the police recruitment process as such, is a herculean task and a very lengthy process,” the plea stated.

The State urged that the present recruitment process is ongoing and ought not be hindered on any account, considering there is urgency in filling of the vacancies in the police department.

“Formulating and implementing any policy, especially on the issue at hand, requires a considerable amount of time as the same requires deliberation and discussions at various levels and with various stakeholders. In the present scenario, neither the government of India has formulated any policy in that regard nor the State of Maharashtra,” the plea said.

In the absence of such clear policy decision pertaining to transgender persons, it is not possible to implement the directions of the MAT in such short span of time that too in the midst of the recruitment process, the State reiterated.

The plea also claimed that MAT had over reached its jurisdiction while giving such directions in the absence of any policy decision and the same amounted to interference in the domain of policy making.

Source: Barandbench

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