Calcutta High Court (Appellete Side)
Mx Sumana Pramanik @ Suman ... vs The Union Of India & Ors on 2 February, 2021
2nd February,
2021
(AK)
26
W.P.A 9187 of 2020
Mx Sumana Pramanik @ Suman Pramanik
Vs.
The Union of India & Ors.
Mr. Sabyasachi Chatterjee
Mr. Indrajeet Dey
Mr. Ankani Biswas @ Ankan Biswas
Mr. Kushal Das
...For the Petitioner.
Ms. Aparna Banerjee
...For the U.O.I.
Mr. Anil Kumar Gupta
...For UGC.
When the matter is taken up for hearing, learned
counsel for the University Grants Commission seeks two
weeks' time for filing affidavit-in-opposition. However, in
view of the fair stand taken by the UGC, such affidavit-in-
opposition need not be invited.
Learned counsel for the UGC submits that the
respondent no.5 is in control and supervision of holding
the Joint CSIR-UGC NET Examination.
The UGC has already granted necessary approval for
the reservation and affording ancillary benefits to
transgenders in the CSIR-UGC NET Examination as well.
As such, the UGC has no further role to play in that
regard.
Despite service, none appears for the respondent
no.5 on the second consecutive day that the matter is
taken up for hearing.
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 transgender community, it has been
categorically held by the Supreme Court, in particular in
National Legal Services Authority Vs. Union of India & Ors.
in W.P. (C) Nos. 400 of 2012 and 604 of 2013 where, the
Supreme Court, vide an order dated April 15, 2014
categorically upholding transgender persons' right to
decide their self/identified gender and the Central and
State Governments were directed to grant legal
recognition of their gender identity, such as male, female
or as third gender.
That apart, it is well-known that the transgender
communities are required to be accorded equal status as
the other prevalent genders of society.
Contravention of such fundamental right of the
transgenders not only hits at Article 14 of the
Constitution of India but the right to life as enshrined in
the Constitution itself.
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.
Accordingly, W.P.A. 9187 of 2020 is allowed,
directing respondent no.5 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.
Such reservation shall be accorded immediately
upon communication of this order to the respondent no.5.
The petitioner is directed to communicate this order to
the respondent no.5 as expeditiously as possible.
Respondent no.5 shall act upon advocate's
communication and/or server copy of this order for the
implementation of the same, without insisting upon prior
production of a certified copy.
There will be no order as to costs.
Urgent photostat copies of this order, if applied for,
be given to the parties upon compliance of all requisite
formalities.
(Sabyasachi Bhattacharyya, J.)
