High Court of Calcutta

Mx Sumana Pramanik @ Suman Pramanik Vs. Union of India and Ors.

MANU/WB/0060/2021

02.02.2021

Constitution

Right to life includes the right to live with dignity.

In the present case, CSIR–UGC NET has not provided reservation to transgender community. There was no reason for there being no reservation, age relaxation and fee concession for the transgender community in the Joint CSIR-UGC NET Examinations. Despite the approval being granted by the UGC, particularly for the transgender community, and since such reservation and benefits have been accorded, CSIR-UGC NET failed to do so, infringing the right enshrined under Articles 14 and 21 of the Constitution of India.

The Court observed and mentioned that right to life, as interpreted and explained by Supreme Court of India and various other High Courts, includes right to live with dignity.

Non- grant of such reservation, age relaxation and free concession for the transgender community for the said examination is unacceptable and patently violative of Article 14 and 21 of the Constitution of India. Contravention to such right not only violates Article 14 but also the right to life as enshrined under the Constitution itself. Thus, present appeal allowed directing immediate relaxation in reservation, age relaxation and fee concession for the transgender community in the Joint CSIR-UGC NET Examinations.

Tags : Reservation Transgender Community CSIR–UGC NET

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