Basic Tenets Of Equality Prima facie Violated By Not Providing Reservation Benefits To Transgenders In 'Joint CSIR-UGC NET' Exam: Calcutta High Court Seeks UGC's Reply

The Bench of Justice Sabyasachi Bhattacharyya was hearing the plea of one Sumana Pramanik, who contended before the Court that such discrimination relates to the eligibility criteria of the UGC-NET Examination.

Notably, it was submitted before the Court that the eligibility criteria of the UGC-NET Examination provide for transgenders to get the benefit of reservation and allied benefits, while in the case of Joint CSIR-UGC NET Examination such benefit isn't available for the Transgender Community.

[NOTE: As per the Information Bulletin for UGC-NET Examination (June 2020), the Transgender category is eligible to draw the same relaxation in fee, age and qualifying criteria for NET (i.e. JRF and Assistant Professor) as are available to SC/ST/PwD categories]

The Counsel for the Petitioner, placed reliance on National Legal Services Authority Vs. Union of India and others (2014) 5 SCC 438, wherein certain guidelines were laid down by the Supreme Court.

The Directions included a direction on the Centre and the State Governments to take steps to treat members of the "third gender" as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

Court's Order

Having heard the parties, the Court remarked,

"Prima facie, it appears that such direction of the Supreme Court as well as the basic tenets of equality, enshrined in the Constitution, were violated by such exclusion."

However, since the counsel appearing for the UGC prayed for some time to take appropriate instructions, the Court adjourned the matter till February 1, 2021.

Notable orders of other High Courts

Recently, the Bihar Government informed the Patna High Court that vide notification dated 14^th January, 2021, it has taken a decision for providing reservation in appointment to the post of Constables/Sub-Inspectors, for the persons belonging to the Transgender Community.

Further, while noting that Transgender Persons (Protection of Rights) Act, 2019 permits a transgender person to have a right to be recognized and such transgender is permitted to have a right to self-perceived gender identity, the Bombay High Court (Aurangabad Bench) on Saturday (02^nd January) allowed a transgender to contest village panchayat polls as a Woman candidate.

The Bench of Justice Ravindra Ghuge allowed the plea filed by Anjali Guru Sanjana Jaan, who challenged an order passed by the returning officer who rejected her nomination for the village panchayat polls.

Also, the Centre has recently informed the Delhi High Court that Transgender shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB).

The Kerala High Court has also observed that "Person cannot be denied a legitimate right only because she is a transgender".

Justice Devan Ramachandran noted this, while hearing a plea filed by a Transwoman, challenging Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra vires of Articles 14, 15 and 21 of the Constitution of India.

It may be noted that a Petition has been moved in the Kerala High Court challenging Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra vires of Articles 14, 15 and 21 of the Constitution to the extent that it excludes the transgender community from enrolment with the National Cadet Corps.

Notably, the High Courts of Karnataka, Jharkhand and Telangana have also ordered the Government to ensure that the Transgender community is provided adequate protection and benefits during the lockdown.

In the month of May, a petition was also filed in the Kerala High Court seeking protection of the community against discrimination in the grant of relief measures during the lockdown.

In the month of June, the Bombay High Court had directed the Principal Secretary to the State Social Justice and Special Assistance Department to consider and dispose of within a fortnight, concerns expressed by an activist working for the transgender community, regarding the plight of the members especially after the lockdown and seeking directions for the formulation of a welfare scheme for the 40,000 members of the community in the State.

Recently, the Karnataka High Court has directed the State Government to take steps for implementation of the relevant provisions of the Transgender Persons (Protection of Rights) Act, 2019 and also extend all kinds of the reservation to members of the community.

In the month of July, the Karnataka High Court had sought a reply from the state government on why it has not included a separate category for the transgender community in its notification for recruitment to the post of Special Reserve Constable Force and Bandsmen.

Case title - Mx Sumana Pramanik @ Suman Pramanik v. The Union of India and others [W. P. A. 9187 of 2020]

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