Grant reservation and other benefits to transgender people in NET Exam: Calcutta HC

On Tuesday the Calcutta High Court stated that transgender communities should be given equal status as other genders. It directed the government to provide reservations, and other benefits in joint CSIR UGC Net exam should be provided to members od transgender community.

The Bench was hearing the plea of one Sumana Pramanik, who argued that the UGC-NET Examination eligibility criteria provide for transgender people to benefit from the reservation and allied benefits, but in joint CSIR–UGC NET Examination such benefit, aren’t available for the Transgender Community.

While noting that basic tenets of equality have been prima facie violated by not providing reservation benefits to Transgenders in the exam, the High Court, the Court sought UGC’ss reply.

Order of the Court

According to the Court’s Order, UGC submitted that it has already granted necessary approval for the reservation and ancillary benefits to transgender people in the CSIR-UGC NET Exam. It was for the respondent no.5 to incorporate the suggestion.

In this regard, the Court held that the right to life includes the right to live with dignity. The Court remarked that on-grant of such reservation like age relaxation, fee concession to transgender persons in the Joint CSIR-UGC NET Exams is unacceptable and violates Articles 14 and 21 of Constitution.

The Court proceeded to direct respondent no.5 to provide reservation and other benefits to members of the transgender community in Joint CSIR-UGC NET Examinations at all levels.

Hon’ble Court observed that in National Legal Services Authority vs Union of India, Apex Court had upheld transgender’s right to decide/ identify their gender. State and Central government were directed to grant them legal recognition as per their choice.

Click to Read/Download Order

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