The Calcutta High Court has mandated that the West Bengal government implement a one percent reservation for transgender individuals across all public employment opportunities within the state.

Justice Rajasekhar Mantha of the Calcutta High Court emphasized that despite the state government's policy of equal treatment in employment for transgender individuals, specific reservation measures had not been implemented for them. Consequently, the court directed the chief secretary of the West Bengal government to ensure the implementation of a one per cent reservation for transgender persons in all public employment roles.

The high court issued its order in response to a petition filed by a transgender individual who had successfully passed the Teachers' Eligibility Test (TET) in 2014 and again in 2022, but was not summoned for counseling or interview.

In the order issued on Friday, Justice Mantha highlighted that in a 2014 case, the Supreme Court had ruled that 'hijras' and eunuchs, alongside binary genders, should be recognized as the "third gender" to uphold their rights under Part III of the Constitution.

The Supreme Court also affirmed the right of transgender persons to determine their self-identified gender and instructed both the Central and state governments to legally recognize their gender identity, whether as male, female, or third gender.

Justice Mantha also observed that the Supreme Court had instructed the Centre and state governments to categorize transgender persons as socially and educationally backward classes, thereby granting them all forms of reservation in educational institution admissions and public appointments.

The West Bengal chief secretary informed the high court that on November 30, 2022, the state's Department of Women and Child Development and Social Welfare had issued a notification ensuring equal employment opportunities for transgender persons without any discrimination.

The court noted that the state had indeed adopted a policy of equal treatment in employment for transgender persons, as evident from the notification.

Justice Mantha emphasized, however, that despite this policy, the state had not yet implemented the reservation for transgender persons as directed by the Supreme Court.

Justice Mantha also instructed the secretary of the West Bengal Board of Primary Education to ensure that the petitioner is scheduled for interview and counseling as a special case.