The Calcutta High Court has passed an order to ensure 1% reservation for transgender persons in all public employment in the State. This order was passed by Justice Rajasekhar Mantha on June 14, 2024.
Facts Of The Case
The case involved a dispute between Mrinal Barik (petitioner) and West Bengal Board of Primary Education (respondent). Ms. Barik, who qualified for the Teacher Eligibility Test (TET) in both 2014 and 2022, was not called for the interview process.
The High Court acknowledged the state’s existing policy in equal treatment of transgender persons.
“..the State
Order of Calcutta High Court in WPA 21508 of 2023
itself had adopted a policy of equal treatment
in employment to transgender persons. The
WBPPE has a transgender person on its
board.”
However, the Court also noted the lack of a mandated reservation for transgender candidates in government jobs.
Therefore, the Court ordered the state to implement a 1% reservation for transgender people in all public employment sectors. Additionally, recognizing Ms. Barik’s perseverance and qualifications, the Court directed her appointment as a special case.
The order paves the way for greater inclusion of transgender individuals in West Bengal’s workforce and sets a precedent for equal opportunities in government jobs across the state.
