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Transgender persons’ employment: Bombay High Court directs Maharashtra to frame rules by February 28

The Court was informed by Advocate General Ashutosh Kumbhakoni that about 14 lakh candidates have applied for the various posts of police constables and the same should not be hindered on any account, considering there is urgency in filling up the vacancies in the police department.

He contended that while the State is framing rules, they would begin conducting physical examinations of the other candidates, apart from the two applicants; meanwhile the two applicants could give the written examination. 

The Court, however, did not agree with this submission. 

“We do not agree with the submission of the AG that the applicants could be directed to take written exam first before physical tests as it would be tinkering with the rules of the State which this Court would be too bold to direct”, the Court said. 

The Court was informed that the process of scrutiny of the applications in excess of 14 lakhs would take at least 3 months.

In light of this, the Court directed that once the rules are framed, the two applicants have to be subjected to the scrutiny process as per new rules. 

“So long as the Rules are not framed and physical examination test is not conducted in terms of such Rules, the State shall not proceed to conduct written examination (of any of the applicants),” the Court ordered.

Source: Barandbench

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