Case title:
Mrinal Barik v. State of West Bengal & Ors
Date of Order:
14.06.2024
Bench:
Hon’ble Mr. Justice Rajasekhar Mantha
Parties:
Petitioner: Mrinal Barik
Respondent(s): The State of West Bengal & Ors
SUBJECT:
The Petitioner Mrinal Barik, a transgender person, cleared her TET exam in 2014 and 2022. However, she was neither called for an interview or counselling. She filed a writ petition before the Hon’ble High Court of Calcutta (hereinafter referred to as the ‘High Court’ or ‘the Court’), claiming that she was being discriminated against. The Court ordered for Chief Secretary of the West Bengal Government to make 1% reservation for transgender individuals in all public employment in the State.
IMPORTANT PROVISIONS:
The Constitution of India:
- Article 226
OVERVIEW:
- Mrinal Barik, a transgender person, cleared her Teacher Eligibility Test (TET) in 2014 and 2022.
- Despite having clear the exams, she was not called for any interview or counselling.
- She filed a writ petition before the High Court of Calcutta objecting to the lack follow-up on 19th April 2023.
ISSUES RAISED:
- Whether the petitioner was being discriminated against on the basis of her gender identity?
ARGUMENTS ADVANCED BY THE PETITIONER:
- Despite having cleared the TET in 2014 and 2022, the petitioner was not called for counselling or an interview, infringing her right to equal employment opportunities.
- The inclusion of transgender persons in public employment and educational reservations is mandatory as held by the Apex Court in the National Legal Service Authority v. Union of India & Ors, which the State of West Bengal failed to implement.
- The Department of Women & Child Welfare had issued a notice on 30th November 2022, affirming that transgendered persons are entitled to equal employment opportunities, yet this policy was not applied.
- The petitioner was discriminated against on the basis of her gender identity, violating her fundamental rights under the Constitution.
- To combat systematic discrimination, specific reservations for transgender persons and affirmative actions are essential to ensure equal opportunities.
JUDGEMENT ANALYSIS:
- Referring to the case of National Legal Service Authority v. Union of India & Ors, the Court reiterated that equal treatment and reservations for transgender persons are mandatory in education and employment.
- The High Court took into account the notice issued by the Department of Women & Child Welfare which adopts the policy of non-discriminatory employment opportunities for transgendered persons, further acknowledging that the West Bengal Board of Primary Education (WBBPE) also had a transgender person on its board.
- It observed that the State had failed to implement the required reservations for transgender persons despite Supreme Court ruling and the State’s notification.
- HC directed the Chief Secretary of West Bengal to ensure a 1% reservation for transgender persons in all public employment.
- Furthermore, the Secretary of WBBPE was instructed make arrangements for interviewing and counselling for the petitioner.
- The Court ordered the petitioner’s appointment as an Assistant Teacher in the Primary Section with necessary relaxations, against any current or future vacancies.
- The Writ Petition was subsequently disposed of.
CONCLUSION:
The High Court of Calcutta has highlighted the need for systematic changes and immediate rectification of the petitioner’s grievances. It highlighted the importance of implementation of legal protections and affirmative actions for transgender community to ensure their inclusion and equal opportunities in public employment. The writ petition was accordingly disposed of and directives were laid for an urgent copy of the order to be provided upon request. No order was given as to costs.
