Shivani Ningappa Gajabar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11085 OF 2025 Shivani Ningappa Gajabar ... Petitioner

Versus

The State Of Maharashtra & Ors.

... Respondents ------ Mr. Amit Sale for the Petitioner.

Ms. T. J. Kapre, A.G.P. for the Respondent Nos.1 & 2-State. Mr. Ashutosh Kulkarni (Through V.C.) a/w. Mr. Rushikesh Thakur for Respondent No.3-M.P.S.C..

------ Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : August 26, 2025.

P. C. :

1.

Heard Mr. Sale, learned counsel for Petitioner, Ms. Kapre, learned A.G.P. for Respondent Nos.1 & 2-State and Mr. Kulkarni, learned counsel for Respondent No.3-M.P.S.C..

2.

By this Petition under Article 226 of the Constitution of India, the Petitioner prays for a direction to the Respondent No.3-Maharashtra Public Service Commission ("M.P.S.C.", for short) to make an appropriate arrangement / correction / modification in the Application Form in their 1 of

Official Website, thereby accepting the Application of the Petitioner and similarly situated persons from the category of Transgender. Further prayer is made to extend the last date of filing of the Application Form for the Transgender category. That, the last date for filing of Application Form is 28th August 2025.

3.

The facts of the case in brief are that the Petitioner is a Transgender and is active in the matter of protection of rights of Transgender community. The Respondent No.3-M.P.S.C. issued an advertisement for various posts on 29th July 2025. Thereafter, a Corrigendum issued in respect of the said arrangement on 14th August 2025. The last date for filing the Application Form was 21st August 2025, which was extended to 28th August 2025. The advertisement specifically provides three categories of gender from which the Application can be made i.e. Male, Female and Transgender.

4.

The grievance of the Petitioner in the present case was that the Application which was filed was not accepted by the Respondent No.3M.P.S.C.. 5.

Mr. Kulkarni, learned counsel appearing for the Respondent No.3M.P.S.C. submits that the Petitioner committed an error in filing of the Application Form. However, taking a broader view of the matter, the Respondent No.3-M.P.S.C. accepted the online Application Form by 2 of

making necessary corrections so far as the Petitioner is concerned. 6.

Mr. Sale, learned counsel for the Petitioner submits that, the Petitioner personally now has no grievance in so far as the acceptance of the Application Form. However, Mr. Sale submits that the last date for filing of the Application Form be extended in respect of the other Transgenders. Mr. Kulkarni opposed the such request. 7.

Mr. Kulkarni submits that, the arrangements have been made by M.P.S.C. that till 28th August 2025 the tab for Transgenders will always be open. In case they have any difficulty, the Transgenders can get in touch with the call-centers and get their grievances redressed. It is submitted that the details regarding the call-centers and the procedure to be followed is already available online. Nonetheless Mr. Kulkarni assures this Court that a notice will be put up on the Official Website of the Respondent No.3-M.P.S.C. about the details of the call-centers and the procedure to be adopted in this regard.

8.

We appreciate the proactive stand of the Respondent No.3-M.P.S.C. helping in resolving the issue.

9.

Writ Petition is disposed off.

[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.08.26 18:59:20 +0530 OMKAR SHIVAHAR KUMBHAKARN 3 of