The State-owned corporation said that as there is no legal need, the transmission company is powerless to make a reservation for transsexual people.

The Maharashtra State Electricity Transmission Company Ltd. (MahaTransco) informed the Bombay High Court that there is no constitutional provision, legislative need, or official government directive requiring job reservations for the transgender population.

It was stated that in the absence of such, the transmission firm lacks the authority to offer reservations to transsexual people.

The statements are a part of an affidavit that the firm’s chief general manager Sudhir Wankhede made in response to a request from a person who wanted a command to transmission corporation to change its advertisement for mass hiring that was published in May of this year.

The State-owned corporation emphasized that it was out of MSETCL’s jurisdiction and ability to provide the petitioner’s requested reservation since it was not authorised by the Constitution, a law, or any other government decision.

Vinayak Kashid, the petitioner, who holds an electrical engineering degree and a postgraduate degree in technology (electrical power system engineering), felt wronged by the application form’s omission of the transgender community.

‘Since there is currently no reservation offered by the Central or State governments, under any Act of the Parliament, or by the State legislature, the petitioner’s desire for a reservation as a transgender person is against the law. According to several legislation, the MSETCL has offered every sort of reservation. The petitioner’s request for a reservation in the hiring process for transgender people cannot be granted, according to MahaTransco’s affidavit.

It went on to say that no transgender individual was barred from applying for the job in any way by the advertisement or the hiring process.

It was argued that because of this, there was no discrimination or violation of any transgender person’s rights.

Kashid had stated in the petition that she came across a MahaTransco advertisement for the hiring of Assistant Engineers (Transmission) for 170 open positions on May 4, 2022.

Kashid noticed that the advertising violated the Supreme Court’s ruling in National Legal Services Authority v. Union of India, which recognized a number of rights for the transgender population, as he filled out the form.

Additionally, the States were mandated by the highest court to set aside specific positions in the government for transgender people.

In response to a request for a response made by the bench of Chief Justice Dipankar Datta and Justice MS Karnik in June 2022, MahaTransco submitted its answer. The State has not yet submitted an affidavit.



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