18 Jun 2024 8:15 AM GMT
In a landmark development, the Calcutta High Court has directed the West Bengal government to ensure 1% reservation for all transgender persons in public employment in the State, in accordance with the Supreme Court's NALSA guidelines.
A single bench of Justice Rajasekhar Mantha held:
This Court, however, notes that in terms of paragraph 135 (3) in the National Legal Service Authority Vs. Union of India & Ors. (2014) reservation has not yet been made in the State for transgender persons. In those circumstances, this Court directs the Chief Secretary of the Government of West Bengal to ensure 1% reservation for the category of persons mentioned in the NALSA case in all public employment in the State.
The Court was adjudicating on a plea by a transgender person who passed the Teachers' Eligibility Test (TET) in 2014 and in 2022 but was not called for the counselling process or interview.
Justice Mantha referred to the Supreme Court's judgement in NALSA v Union of India, which carved out reservations for transgender persons to protect their rights under Part III of the Constitution.
It was observed that in the NALSA judgement, the Court had directed the state and union governments to treat transgender persons as "socially and educationally backward" and extend all kinds of benefits to them including reservations in public employment.
Court further noted that while the State had devised its own policy for reservations for transgender persons, it had not been made in accordance with the Supreme Court's order.
Accordingly, it directed for 1% reservations to be maintained for transgender persons in all public employment in the state and directed the Secretary of the West Bengal Board of Primary Education to arrange for an interview and counselling of the petitioner.
Citation: 2024 LiveLaw (Cal) 145
Case: Mrinal Barik -Versus- The State of West Bengal & Ors.
Case No: WPA 21508 of 2023