Vinayak Bhagwan Kashid vs Maharashtra State Electricity ...
2023 Latest Caselaw 2688 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.7209 OF 2022

Vinayak Bhagwan Kashid                                        ....Petitioner
     V/S
Maharashtra State Electricity
Transmission Co. Ltd. & Anr.                                  ....Respondents
                                        ...

Mr. L.C. Kranti for the Petitioner.
Mr. Abhijeet A. Joshi for Respondent No.1-MSETC.
Dr. Birendra Saraf, AG a/w Mr. P.P. Kakade, GP, Mr. M.M. Pabale, AGP for
Respondent Nos.2 to 4-State.
                                     ...
                                 CORAM: S.V. GANGAPURWALA, ACJ &
                                        SANDEEP V. MARNE, J.

DATE : 20 MARCH 2023.

P.C.:

1 We are considering the Petition with regard to reservations for

transgenders. Today the learned Advocate General has placed on record

the Government Resolution dated 3 March 2023 wherein a third window is

opened for the transgender persons. Another Government Resolution is

placed on record dated 14 March 2023. Under the said Government

Resolution Committee has been constituted to recommend the policy for the

transgender persons. The first meeting of the Committee is stated to

scheduled on 20 March 2023.

2 We also expect a clarification from the State Government with regard

to the modality of providing reservation to the transgender persons. The

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Apex Court in a case of National Legal Services Authority vs. Union of

India, (2014) 5 SCC 438 has directed the Central Government and State

Government to take steps to treat them Socially and Educationally

Backward Classes of citizens and extend all kinds of reservations in cases

of admission in educational institutions and for public employments. More

than 8 years have lapsed. We do not find the decision of the State

Government in providing reservation to the transgenders in cases of

admission in educational institutions and for public employments. The

Government may also consider whether horizontal reservations can be

provided to the transgenders or vertical reservation would be appropriate.

3 The learned Advocate General submits that the Committee has been

constituted to make recommendations to the Government with regard to the

policy for the transgender persons. The Government may also consider at

the earliest the policy of providing reservations to the transgenders in view

of the judgment of the Apex Court in case of National Legal Services

Authority (supra) more particularly as spelt out in para 135.3 (pag-104).

4        Place the matter on 7 June 2023.



     (SANDEEP V. MARNE, J.)                    (ACTING CHIEF JUSTICE)




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