Give transgender candidates NET concessions in science too: Calcutta HC – Times of India

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KOLKATA: Calcutta High Court on Tuesday directed the Centre to immediately provide reservation, age relaxation and fee concession to transgender persons in the Joint CSIR-UGC NET at all levels, saying not giving those was “unacceptable and patently violative” of the right to life and equality.
The order came on a petition filed by Sumana Pramanik, a Kalyani University postgraduate in mathematics. Pramanik, who has the distinction of being the state’s first trangender person to be appointed to a Lok Adalat, had moved court seeking relief to appear for the Joint CSIR-UGC NET Examination, citing lockdown-induced financial stress.
The examinations are to determine the eligibility for Junior Research Fellowship (JRF) and for lectureship and assistant professor. The UGC had told the court that it “has already granted necessary approval for the reservation and affording ancillary benefits to transgenders” in the UGC NET examinations (for arts streams).
Justice Sabyasachi Bhattacharyya, in his order, said: “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.” The HC observed that UGC NET, “which stands on more or less equal footing”, already provided such benefits.
Pramanik, speaking to TOI from Krishnagore, said the lockdown had been a very difficult phase for her, since she primarily earns a living by conducting private tuitions. “Whatever I earn goes to pay my rent. I need some relief to appear for the exam.”
Indrajeet Dey, the advocate who represented her, said: “This order will help establishing transgender rights and uniformity in implementing those rights.”
Citing the Supreme Court’s landmark 2012 NALSA judgment giving legal recognition to transgendered persons, the HC, in its order, said that members of the trangender community are “required to be accorded equal status as other prevalent genders of society,“ adding, “Contravention of such fundamental right of 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,” said Justice Bhattacharyya, in his order. “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 HC then directed the Centre to “immediately provide for reservation, age relaxation and fee concession for the category of transgenders, along with other reserved categories, for the Joint CSIR-UGC NET Examinations at all levels.”