Facts:
The petitioner, a transgender person, appeared for the Teacher Eligibility Test (TET)
in West Bengal. The Petitioner alleged that the recruitment process for the TET was
discriminatory and did not accommodate the needs and rights of transgender
candidates and argued that the lack of provisions for transgender persons in the TET
recruitment process was in violation of their fundamental rights under the Indian
Constitution and the Supreme Court’s directives in the NALSA.
Court Decision and Reasoning:
The Court noted that in terms of the judgement in NALSA, reservation had not yet
been made in the State for transgender persons. In those circumstances, the Court
directed the Chief Secretary of the Government of West Bengal to ensure 1%
reservation for transgender persons in all public employment in the State. It also
directed the Secretary, West Bengal Board of Primary Education to arrange for
interview and counselling of the petitioner as a special case and recruit her as an
Assistant Teacher in the primary section and held that the petitioner’s appointment
shall be made against present future vacancies and appropriate relaxation to be made
in the instant case for the petitioner by the Principal Secretary, School Education
Department to ensure her appointment.
Significance:
This is an important case for securing the right to equal opportunities for transgender
persons and pursuant to this case, the State of West Bengal has been mandated to
provide 1% reservation in all public employment opportunities for transgender
persons.