Calcutta HC Orders 1% Reservation For Trans Individuals In Public Employment

The HC recognised the state's policy of equal treatment for transgender individuals but noted the absence of a specific reservation for transgender candidates in government jobs

On 14 June 2024, Justice Rajasekhar Mantha of the Calcutta High Court issued an order mandating a 1 per cent reservation for transgender persons in all public employment within the State.

The case centered around a dispute between Mrinal Barik (petitioner) and the West Bengal Board of Primary Education (respondent). Barik, who had qualified for the Teacher Eligibility Test (TET) in both 2014 and 2022, was not called for the interview process, prompting the legal challenge.

The High Court recognised the state's policy of equal treatment for transgender individuals but noted the absence of a specific reservation for transgender candidates in government jobs.

Addressing this gap, the Court ordered the state to implement a 1 per cent reservation for transgender individuals in all public employment sectors. Furthermore, in acknowledgment of Barik’s qualifications and perseverance, the Court directed her immediate appointment as a special case.

This landmark ruling aims to enhance the inclusion of transgender persons in West Bengal's workforce and establishes a significant precedent for equal opportunities in government employment across the state.

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