Jahanvi Agarwal
On 18th June 2024, the Calcutta High Court mandated that the West Bengal government implement a one percent reservation for transgender individuals in all public sector jobs. Despite the state’s policy advocating equal employment opportunities for transgender persons, actual reservations have not been enacted. Justice Rajasekhar Mantha instructed the Chief Secretary to ensure this reservation is put into effect.
This decision stemmed from a petition filed by a transgender individual who passed the Teachers’ Eligibility Test (TET) in both 2014 and 2022 but was not called for counseling or interviews. Justice Mantha referenced the National Legal Services Authority v. Union of India 2014 INSC 275 ruling which recognized hijras and eunuchs as “third gender” and upheld their right to self-identify their gender. The ruling also directed the government to legally recognize these identities and extend reservations in education and public employment.
Justice Mantha highlighted that the Supreme Court had instructed both the central and state governments to classify transgender individuals as socially and educationally backward, thereby ensuring reservation benefits. Despite a notification from the state’s Department of Women and Child Development and Social Welfare on November 30, 2022, which affirmed non-discriminatory employment opportunities for transgender persons, the actual reservation had yet to be implemented.
The court emphasized the state’s commitment to equal employment treatment for transgender individuals but noted the absence of concrete reservation measures as per the Supreme Court’s directive. Furthermore, Justice Mantha ordered the secretary of the West Bengal Board of Primary Education to arrange an interview and counseling session for the petitioner, treating it as a special case.
Justice Mantha’s ruling underscores the necessity for the West Bengal government to move beyond policy statements and implement tangible actions to support transgender rights in public employment.
Case Name: Mrinal Barik v. State of West Bengal & Ors.
Dairy Number: 21508/2023
Bench: Justice Rajasekhar Mantha