Calcutta High Court orders 1 per cent reservation for transgender persons in public employment

The Calcutta High Court has directed the West Bengal government to implement a 1 per cent reservation for transgender persons in State public employment positions [Mrinal Barik v. State of West Bengal & Ors.].Justice Rajasekhar Mantha passed the order in view of the Supreme Court's 2014 judgment in the case of NALSA v Union of India.In the NALSA case, the top court had called for the implementation of a host of welfare measures for transgender persons, including reservations in educational and employment opportunities for transgender candidates.The High Court observed that in West Bengal, there was even a State policy from 2022 which called for the equal treatment of transgender persons in employment. However, since the State government had yet to implement any reservation for transgender persons in employment, the High Court ordered the government to do the same. "This Court ... notes that in terms of paragraph 135 (3) in NLSA (supra), reservation has not yet 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 NLSA (supra) above, in all public employment in the State," the June 14 order stated. .The Court passed the order on a petition filed by a transwoman who sought an appointment as a teacher. She had passed the Teachers' Eligibility Test (TET) in 2014 and 2022 but was not invited for the counselling process or interview..In its June 14 order, the Court has asked the concerned State authority to arrange for the interview and counselling of the petitioner as a special case and to recruit her as an assistant teacher in the primary section. The Court clarified that the appointment should be made against 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 added before disposing of the plea..Advocates Sabyasachi Chatterjee, Imtiaz Akhtar, Badrul Karim, Indrani Roy and Sarajit Roy appeared for the petitioner.Advocates Supriyo Chattopadhyay and Iti Dutta appeared for the State.Advocates Saikat Banerjee, Ratul Biswas and Kaushik Chowdhury appeared for the West Bengal Board of Primary Education..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.