Exclusion of Transgender persons from reservation in Joint CSIR-UGC NET Exam unacceptable, violative of Articles 14 and 21: Calcutta High Court

The Calcutta High Court on Tuesday directed that reservation, age relaxation and fee concession must be implemented immediately for the category of transgender candidates, along with the other reserved categories, for the Joint CSIR-UGC NET Examinations at all levels (Sumana Pramanik @ Suman Pramanik Vs.The Union of India & Ors.)..The CSIR-UGC NET exam determines the grant of Junior Research Fellowship (JRF) and for lectureship to become an assistant Professor in Indian universities and colleges..Justice Sabyasachi Bhattacharyya after taking note of the submission by the University Grants Commission (UGC) that it has already granted the necessary approval for implementing reservations and ancilllary benefits to transgender persons when it comes to the CSIR-UGC NET exam. Beyond this, the UGC has no role to play, the Court was informed. ."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, despite the approval in that regard having been granted by the UGC, particularly since such reservation and benefits have been accorded in the CSIR-UGC NET Examinations, which stands on more or less equal footing", the Court opined. .The Judge added that the rights of transgender persons to determine their own gender have been categorically upheld by the Supreme Court in the NALSA case, where the Government was also directed to grant legal recognition to their chosen identity. Moreover, it is well-known that the transgender communities are required to be accorded equal status as the other prevalent genders of society, the Court said. .To contravene these fundamental rights would be hit by the right to equality under Article 14 of the Constitution as well as the right to life itself, Justice Bhattacharyya opined. ."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 order reads further. .As such, the Court has now directed the concerned authority to provide reservation for transgender persons seeking to write the exam, immediately upon the communication of the order. Pertinently, the Judge passed the order after noting that despite service, none appeared for the authority for a second consecutive day when the matter was taken up for hearing. .When the case was taken up earlier, the Court had mused that the exclusion of transgender persons from reservation and allied benefits in the Joint CSIR-UGC NET exam appeared, prima facie, to have violated the Supreme Court's NALSA judgment as well as the basic tenets of equality enshrined in the Constitution. .Arguments for the petitioner were led by Advocate Sabyasachi Chatterjee along with Advocates Indrajeet Dey, Ankan Biswas and Kushal Das. Advocate Aparna Banerjee appeared for the Union of Inida and Advocate Anil Kumar Gupta appeared for the UGC..Read the Orders: