- landmark development by Calcutta High Court in relation to the rights of transgender persons where court directed the chief secretary of West Bengal government to provide 1% reservation to transgender persons in public employment in state, in accordance with the NALSA judgment.
- The matter was before the single judge bench of Justice Rajasekhar Mantha, the petitioner is a transgender person who had passed the 2014 and 2022 Teachers’ Eligibility test but was not called for counseling or interview.
- The Hon’ble Supreme Court in the case of National Legal Service Authority Vs. Union of India & Ors. reported in (2014) 5 SCC 438 at paragraph 135 has declared as follows,
135.3. We direct the Centre and the State Governments to take steps to treat them as Socially and Educationally Backward Classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.
- The court noted that the reservation to transgender persons in all public employment had not been given in the state in accordance with the NALSA judgment.
- Court directed 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.
- Further directed the chief secretary that the candidates’ counseling and interview should be arranged and she should be recruited as the assistant teacher in primary section.
Case name: Mrinal Barik -Versus- The State of West Bengal & Ors.
Name: Sushant Uniyal, BBA LL.B. (HONS.),Law College Dehradun, Uttaranchal university ,Intern under: Legal Vidhiya
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