Calcutta High Court Directs Chief Secretary Of West Bengal Govt To Ensure 1% Reservation For Transgenders In All Public Employment

The Calcutta High Court has directed the Chief Secretary of the West Bengal Government to ensure 1% reservation for transgender persons in all public employment in the State.

The Court issued such direction while dealing with a writ petition preferred by a transgender person named Mrinal Barik.

A Single Bench of Justice Rajasekhar Mantha ordered, “This Court, however, 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.”

Advocate Sabyasachi Chatterjee represented the petitioner while Advocate Saikat Banerjee represented the respondents.

Background -

The petitioner was a transgender person and she succeeded in TET 2014 and also in the TET 2022. Despite thereof, she was not called for counselling or interview. Pursuant to the directions dated April 19, 2023 passed in a writ petition filed by the petitioner, the Chief Secretary of the State held a meeting. He referred to an order dated April 25, 2023 indicating that by notification dated November 30, 2022 issued by the Department of Women & Child Development & Social Welfare of the State, transgender persons are entitled to equal opportunity of employment without any discrimination whatsoever.

The Supreme Court in the landmark case of National Legal Service Authority v. Union of India & Ors. reported in (2014) 5 SCC 438, had directed the Centre and the State Governments to take steps to treat transgenders 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 High Court in view of the aforementioned background observed, “It is further clear from the notification dated 30th November, 2022 (supra) that the State itself had adopted a policy of equal treatment in employment to transgender persons. The WBPPE has a transgender person on its board.”

The Court, therefore, directed the Secretary, West Bengal Board of Primary Education to arrange for interview and counselling of the petitioner as a special case and recruit her as an Assistant Teacher in the primary section.

“Let a decision be taken by the Secretary, WBBPE immediately upon receipt of copy of this order. The petitioner’s appointment shall be made against present 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.”, it said.

Accordingly, the High Court disposed of the writ petition.

Cause Title- Mrinal Barik v. The State of West Bengal & Ors.

Appearance:

Petitioner: Advocates Sabyasachi Chatterjee, Imtiaz Akhtar, Badrul Karim, Indrani Roy, and Sarajit Roy.

Respondents: Advocates Saikat Banerjee, Supriyo Chattopadhyay, Iti Dutta, Ratul Biswas, and Kaushik Chowdhury.

Click here to read/download the Order