Article 14 of the Indian Constitution guarantees every citizen the right to equality. Denying someone a right, due to their gender identity is violative of constitutional provisions. Holding this in mind, the Calcutta High Court directed that the transgender community be given the provision to avail reservation and other benefits in the Joint CSIR-UGC NET Examination.
Facts of the Case
A petition was filed before the High Court of Calcutta by Sumana Pramanik. Sumana Pramanik is a post-graduate degree holder in Mathematics from Kalyani University. A transgender, Pramanik, is the first transgender person from the state to be appointed at the Lok Adalat. Pramanik had approached the court seeking fee concession to appear for the CSIR-UGC NET examination as financial stress due to the lockdown was faced. The CSIR-UGC NET examinations were conducted for Junior Research Fellowship for posts of lectureship and assistant professor. UGC NET extended reservation to transgenders in the arts stream.
Decision of the Court
The single-judge bench directed UGC to ensure that the rights to the reservation and allied benefits be provided to Transgenders. Justice Sabyasachi Bhattacharyya stated that
“such, non-grant of such reservation, age relaxation and fee concession to transgender persons in the Joint CSIR-UGC NET Examinations is unacceptable.”
He also added,
“It is palpably clear that there is no rhyme or reason for there being no reservation, age relaxation and fee concession for the transgender community in the Joint CSIR-UGC NET Examination.”
While stating that it is violative of rights to equality and right to dignity enshrined under Article 14 and 21 of the Indian Constitution, the Court directed the defendants to
“immediately provide for reservation, age relaxation and fee concession for the category of transgenders, along with the other reserved categories, for the Joint CSIR-UGC NET Examinations at all levels.”
Denying reservation to transgenders was described as “prima facie violation of the basic tenants of the Constitution.” The Court also noted that UGC NET had already provided reservation and other benefits to the transgender community.
The Court also referred to the NALSA judgement while quoting;
“required to be accorded equal status as other prevalent genders of the society.”
The Court directed the Centre to
“immediately provide for reservation, age relaxation and fee concession for the category of transgenders, along with other reserved categories, for the Joint CSIR-UGC NET Examinations at all levels.”
Case: Mx Sumana Pramanik @ Suman Pramanik v. The Union of India and others [W. P. A. 9187 of 2020]
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