Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Kolkatta: The Calcutta High Court has issued a significant order directing the Government of West Bengal to ensure a 1% reservation for transgender persons in all public employment across the state.

A bench comprising Justice Rajasekhar Mantha passed the order in a writ petition filed by petitioner Mrinal Barik, a transgender individual who succeeded in the Teachers' Eligibility Tests (TET) in 2014 and 2022 but was not called for counseling or interviews.

Referring to the Supreme Court's landmark judgment in National Legal Services Authority vs. Union of India (2014), the High Court reiterated the apex court's directives to treat transgender persons as the "third gender" and extend all kinds of reservations to them in educational institutions and public appointments.

The court observed that while the state had adopted a policy of equal treatment in employment for transgender persons through a notification dated November 30, 2022, reservations had not been implemented as mandated by the Supreme Court.

"This Court directs the Chief Secretary of the Government of West Bengal to ensure 1% reservation for the category of persons mentioned in the NLSA (supra) above, in all public employment in the State," the Court ordered.

Additionally, considering the petitioner's success in the TET exams, the court directed the Secretary of the West Bengal Board of Primary Education (WBBPE) to arrange for the petitioner's interview and counseling as a special case and recruit her as an Assistant Teacher in the primary section.

The court also instructed the Principal Secretary of the School Education Department to provide appropriate relaxations to ensure Barik's appointment against present or future vacancies.

"Let appropriate relaxation be made in the instant case for the petitioner by the Principal Secretary, School Education Department to ensure her appointment," the Court said.

With these observations, the writ petition was disposed of, and no order was passed regarding costs.

[Read Order]