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February 2021, the Calcutta High Court, in an
order, directed that benefits of reservation, age relaxation and fee concession
be forthwith provided to transgender persons in the Joint CSIR NET
Examinations.
The Single-Judge Bench of Justice Sabyasachi
Bhattacharyya held:
“The right to life, it has been held time and
again by various judgments of the Supreme Court and High Courts, includes the
right to live with dignity. As such, non-grant of such reservation, age
relaxation and fee concession to transgender persons in the Joint CSIR-UGC NET
Examinations is unacceptable and patently violative of Articles 14 and 21 of
the Constitution of India.”
The Council of Scientific and Industrial
Research National Eligibility Test — CSIR NET Exam — is conducted twice a year
in June and December by the National Testing Agency (NTA) — an autonomous
organization established by the Ministry of Human Resource Development (MHRD).
The CSIR NET Exam is held for five subjects of
science including; Chemical Science, Earth Science, Life Science, Physical
Science and Mathematical Science. Candidates aspiring for Junior Research
Fellowship (JRF) or aiming at becoming lecturers in Indian universities and
colleges enroll and appear for the exam. Whereas, the UGC NET Exam is conducted
for all subjects other than science.
On 3rd November 2020, a writ petition was filed
in the Calcutta High Court by Sumana Pramanik who holds a postgraduate degree
in mathematics from the University of Kalyani, West Bengal and is the first
transgender person in the State to be appointed at the Lok Adalat. Through the
writ, the petitioner sought fee concession, in the CSIR NET Exam, owing to her
poor financial conditions augmented especially during the COVID-19 pandemic
times.
The petitioner relied on a landmark Supreme
Court judgement, National Legal Services Authority Vs. Union of India and
others dated 15th April 2014, which affirmed that the fundamental rights
granted under the Constitution of India apply to the transgender community and
also grants them the right of self-identification of their gender. The court
also directed the Central and State governments treat members of the transgender
community as socially and educationally backward classes of citizens and
provide reservations for their benefit in admissions to educational
institutions and for government jobs.
In the National Legal Services Authority Vs.
Union of India and others, the Court had held:
“Discrimination on the basis of sexual
orientation or gender identity includes any discrimination, exclusion,
restriction or preference, which has the effect of nullifying or transposing
equality by the law or the equal protection of laws guaranteed under our
Constitution, and hence we are inclined to give various directions to safeguard
the constitutional rights of the members of the TG community.”
Justice Sabyasachi Bhattacharyya observed that
such benefits have been provided in the UGC NET Examinations, “which stands on
more or less equal footing. He 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.”
In conclusion, the Calcutta High Court allowed
the Mandamus writ petition and directed the rightful authority:
“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.”
14. Equality before Law
The State shall not deny to any person equality
before the law or the equal protection of the laws within the territory of
India.
21. Protection of life and personal liberty.
No person shall be deprived of his life or
personal liberty except according to procedure established by law.
Ankitha Subramanya | Research Intern |
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Calcutta
High Court, in an order, directed that benefits of reservation, age relaxation
and fee concession be forthwith provided to transgender persons in the Joint
CSIR NET Examinations.