Maharashtra
Maharashtra govt tells Bombay HC: ‘Transgender persons can apply for police constable posts’

The Maharashtra Government on Friday told the Bombay High Court that it will allow transgender persons to apply for the posts of police constables in the ongoing state-wide recruitment process and that it would frame rules setting standards for their physical tests by February 2023.
The HC had warned the government on Thursday that it would halt the entire recruitment process and observed that the State was lagging behind in framing rules for creating provisions for their recruitment process.
Advocate General Ashutosh Kumbhakoni told a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja that the government would modify its website giving an option for the third category while filling out the online application form.
The government has clarified that for this recruitment process, it will allow transgender persons to only apply for the post of “Constable Driver” as its teams are homogenous of men and women for group activity. In addition, the government has the last date for submission of forms for everyone till December 15.
“By December 13, the third drop-down would be added,” said AG. As per the procedure, once rules are framed, physical tests would be conducted followed by a written examination for all candidates, he added.
However, the bench asked why the government wanted the HC to tinker with the rules by asking the candidate to take a physical test later.
“Tomorrow you will go to the Supreme Court and say that the High Court has exceeded its jurisdiction,” quipped CJ Datta.
The HC has directed the government to frame the rules for the physical test by February 28, 2023, and then hold physical tests and finally the written tests. “It is directed that till rules are framed and physical tests are conducted, the state shall not proceed to conduct written tests,” said the bench.
The HC is hearing appeals filed by the government challenging two orders of the MAT to include the third gender option, apart from male and female, on its website for admission forms for posts under the home department. The tribunal had also said the government should fix criteria for physical standards and tests for transgender persons.
Maharashtra
Mumbai: Decision on information commissioner appointment after budget session

Mumbai: The decision on appointment of chief information commissioner and information commissioners will be taken after the budget session, said senior Mantralaya officials. The government, they said, will be considering applications of candidates other than administrative background as envisaged under the Right to Information (RTI) Act.
Additional Chief Secretary (ARO&M), general administration department, Sujata Saunik said that the Chief Minister will decide on the date. “We will be filling up all vacancies. There is no decision at present on increasing the number of benches. Vacancies of only the existing benches will be filled,” she said.
Only 8 posts created in Maharashtra
The RTI Act provides that people of “eminence” in public life can be appointed as commissioners. In Maharashtra, only eight posts have been created, including that of the chief commissioner. However, the post has mainly been occupied by bureaucrats.
As of now, four posts of information commissioners are vacant and that of chief commissioner will become vacant after April 13 when chief information commissioner Sumit Mullick retires. Manu Kumar Srivastava is said to be among the contenders for the post.
The state government in February this year had issued an advertisement for three vacancies. “I have applied but we are yet to hear anything on it,” said Mohammed Afzal, one of the applicants from non-administrative background.
Shailesh Gandhi, former central information commissioner, said, “I think they should be appointing people before they retire. It is too little too late to fill vacancies when posts have been vacant for long. Some activists should also get selected and the government should consider selecting some younger.”
Entertainment
Bombay HC asks police to take down obscene video made public by Rakhi Sawant during press meet

Observing that ethical standards have to be maintained, the Bombay High Court reprimanded model actor Rakhi Sawant and asked the Mumbai police to take necessary steps to delete obscene videos made public by the actor of a fellow actor in a press conference.
Justice Anuja Prabhudessai questioned Sawant’s advocate as to why the actor indulged in such an act. “Why should you indulge in these things of showing such videos? Why should it be done for another lady? Some ethical standards have to be maintained,” said Justice Prabhudessai.
HC directs Mumbai Police to delete the videos
The judge has also asked Mumbai police to inform on March 28 whether such videos are available on any websites. Also, they have to inform the steps they propose to take to delete these videos.
The HC is hearing a pre-arrest bail plea filed by Sawant after the same was rejected by the sessions court. An FIR was registered against Sawant last October after she called a press conference and allegedly showed obscene video of a fellow actor and made defamatory statements.
Seeking relief, her advocate said that Section 67A, which was imposed on the actor, was non-bailable. The section deals with the offence of transmitting obscene videos.
Justice Prabhudessai questioned whether Section 67A would be applicable since the actor has denied transmitting any obscene video. According to the FIR, Sawant showed the video to media persons. Besides, the punishment for this, if found guilty, is only five years.
Further, the FIR does not say that the media has circulated all this. Also, the FIR states that the video is already available online.
The victim’s advocate pointed out that the video shown by Sawant was a private one which is not available online. She defamed the victim and showed the video, which is viral now.
The court then asked the police to check whether the video was deleted. If it is displayed then the same should be deleted.
The HC has kept the matter for hearing on March 28.
Maharashtra
SC wants Consumer Commission vacancies in Maharashtra filled in 90 daysSC wants Consumer Commission vacancies in Maharashtra filled in 90 days

The Supreme Court on Friday directed that the process of filling up vacancies of the president and members of various districts and the state consumer commissions be completed in 90 days. The order comes as a relief in the times of increased consumer awareness because all four district commissions have come to a halt owing to vacancies. In Maharashtra, 15 commissions have come to a grinding halt, including all in Mumbai.
So that the functioning of commissions does not stop, a petition sought a further extension to SC’s earlier order of allowing those whose terms were over to continue until fresh appointments are made. “Our contention was that till fresh appointments are done, there should be some arrangement but the apex court was not inclined to give that,” said advocate Pravartak Pathak, who appeared for petitioner Vijay Dighe who sought an interim arrangement.
The SC, while hearing the matter of rules for filling up the vacancies in December last year, had given an extension to the sitting presidents and members till March. In March when it heard the case again, (decided on the rules and reduced the age of experience from 15 years to 10 years and made it uniform for president and members. It stated that anyone with more than 10 years of special knowledge and professional experience can become the president or member after passing both written and interview exams.
Due to the retirement age, even SC’s order of extension could not be given effect to. State government officials said that out of 40 sanctioned posts of presidents, only 19 are filled. “We will be going to the committee to set the process of filling of vacancies rolling,” said an official from the consumer affairs department.
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