Ensure 1% Reservation For Transgenders In Public Employment: Calcutta High Court Directs West Bengal
ensure 1% reservation for transgenders in public employment: calcutta high court directs west bengal
Kolkata: The Calcutta High Court has directed the government of West Bengal to ensure a one percent reservation for transgender persons in all public employment in the state. The court noted that the state government has adopted a policy of equal treatment in public employment for transgenders, however, no reservation has been made for them.
The chief secretary of the West Bengal government was directed by Justice Rajasekhar Mantha to ensure a one percent reservation in all public employment for transgenders.
The order was passed on Friday based on a petition by a transgender person, who succeeded in the Teachers' Eligibility Test (TET) 2014 and TET 2022, but was not called for an interview or for counselling.
Justice Mantha noted that the Supreme Court, in a 2014 case, had declared that 'hijras' and eunuchs should be treated as "third gender" to safeguard their rights under Part III of the Constitution. He also noted that the Supreme Court had directed the Centre and the state governments to take measures to treat them as socially and educationally backward classes of citizens, and had asked them to "extend all kinds of reservation in cases of admission in educational institutions and for public appointments", as quoted by PTI.
The Supreme Court also upheld the right to decide their self-identified gender. The Centre and state governments were directed to grant legal recognition to the gender identity as male, female, or third gender.
The West Bengal chief secretary had informed the high court that the Department of Women and Child Development and Social Welfare on November 30, 2022 notified that transgender persons were entitled to equal opportunity of employment without discrimination.
The court said that, based on the notification, it is clear that the state had adopted a policy of equal treatment in employment for transgender persons. However, the Justice said that the reservation has not yet been made in the state in accordance with the order of the top court. He also directed the secretary of the West Bengal Board of Primary Education to arrange for interview and counselling of the petitioner.
(With Inputs From PTI)