By Thanush S, Government Law College, Thiruvananthapuram
The Calcutta High Court directed the West Bengal government to ensure 1% reservation for transgender persons in public employment in the state. This decision aligns with the Supreme Court’s NALSA guidelines.
The order was passed in response to a plea by a transgender person who passed the teachers eligibility test in 2014 and 2022 but was not considered for the counselling process or interview.
Justice Rajasekhar Mantha referred to the Supreme Court’s judgement in NALSA vs. Union of India which mandated reservations for transgender persons. The Court ruled that transgender persons are entitled to protection under Part III of the Constitution and should be classified as socially and educationally backward. This classification allows them to benefit from affirmative actions such as reservations in public employment.
The court also ordered the secretary of the West Bengal Board of Primary Education to arrange for an interview and counselling session for the petitioner who had filed the plea. The Court clarified that the appointment should be made against future vacancies.
Case Title: Mrinal Barik V. The State of West Bengal & Ors.
References
[1] Mrinal Barik V. The State of West Bengal Judgement: https://www.livelaw.in/pdf_upload/displayphp-545129.pdf
[2] NALSA vs. Union of India judgement: https://indiankanoon.org/doc/193543132/
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