MSETCL seeks dismissal of plea seeking job reservation for transgender persons
Agency says no impediment to transgender person from applying for and participating in recruitment process
The Maharashtra State Electricity Transmission Company Ltd (MSETCL) recently filed a reply in the Bombay High court opposing the plea by a transgender person, who is seeking directions to the company to provide reservation for jobs for the transgender community.
The state-run company said there is no Constitutional or statutory reservation for transgender persons so its decision to refuse the same was as per law. It added that the firm allows transgender persons to apply for jobs therein by choosing a gender other than male or female. It added that all individuals, including transgender persons, can avail only those reservations provided in the Constitution or statutes as per eligibility and sought rejection of the plea.
The MSETCL responded to the plea by a certain Vinayak Kashid, a graduate in electrical engineering and a postgraduate in technology (electrical power system engineering) course, seeking modification to the advertisement issued by MahaTransco in May this year for mass recruitment.
The petitioner said she came across an advertisement issued by MahaTransco on May 4 to recruit assistant engineers (transmission) on 170 vacant posts. The petitioner, through advocate Kranti L C, submitted the form. But before form submission, the petitioner referred to a previous Supreme Court judgment that it had ordered states to reserve some seats in government jobs for transgender persons.
The plea sought that the court pass a direction to the company to reserve posts for transgender persons and pending hearing, stay the recruitment notice.
An affidavit filed through Sudhir Wankhede, chief general manager (HR) of the MSETCL, submitted that the advertisement has included all kinds of reservations recognised by the Constitution or central and state policies.
“The recruitment process does not violate any fundamental right under the Constitution of India as it is beyond the authority of the respondent to provide any reservation that is not provided in Constitution, a statute or government policies,” the affidavit read.
The MSETCL said the petitioner has already participated in recruitment process by submitting an application under the open category and in absence of any statute or government policy of providing reservation to transgender persons, the petitioner ought to avail the benefit of vertical reservation of Other Backward Class or any other horizontal reservations within which the petitioner would fall.
“Recruitment process being carried out by the MSETCL is in conformity with the Transgender Persons (Protection of Rights) Act, 2019 as it does not cause any impediment to the transgender person from applying for and participating in the recruitment process. While submitting the application form, the recruitment process not only allows a transgender person to choose a gender other than ‘Male’ and ‘Female’ but also allows every individual including transgender person to participate in the entire recruitment process and avail all the benefits of vertical and horizontal reservations available if they belong subject to fulfilment of the minimum qualification and other qualifying criteria.” the affidavit read.
Courtesy : TIE
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