Place Issue Regarding Reservation For Transgender Persons Before Your Executive Council: Karnataka High Court Directs NLSIU

The Karnataka High Court on Monday (July 28) directed the National Law School of India University (NLSIU) to place the issue of granting reservation in admission to Transgender persons, before its Executive council which is likely to meet in the month of August-September.

A division bench of Justice Anu Sivaraman and Justice Rajesh Rai K said:

“We are of the opinion that prayers raised in petitioner and rights to admission requires consideration at the hands of executive council of the University. Ld Sr counsel submits entire aspects of the matter will be considered by the executive council, without undue delay, in Aug-Sept. In the above view of the matter the entire matter including the request of the petitioner for admission and financial aid is to be placed before the Executive council of University for consideration.”

The direction was given while hearing an appeal filed by the Varsity's challenging a single bench decision, asking it to provide reservation of 0.5% to transgender persons, with fee waiver, until the State takes a policy decision in the matter.

It is NLSIU's stand that neither the Court nor State can direct the varsity to grant reservation. Further, it submitted that the impugned direction to provide 0.5% reservation is not based on any 'scientific rationale'.

Senior Advocate K G Raghavan appearing for the University submitted that the University was not treating this as an adversarial litigation and would place the issue before Executive council for it to decide on it.

He said “Independent of what the state government does, we do not want to wash our hands off, between the Act and all this, let the executive council take a decision.”

Earlier, the bench had orally said “SC (Supreme Court) directs positive steps to be taken for protection of their rights, to see that they are treated as equal citizens, if the central government does not rise up and do then it is institutions like you who have to.”

The matter is now listed for further hearing in October.

The single judge had directed NLSIU to implement directions issued by the Supreme Court in NALSA v. Union of India by formulating a policy for reservation along with measures for providing financial aid to Transgender persons in education, before commencement of admission process for next academic year.Until then, it was directed to provide a 0.5% reservation to the community, with fee waiver.

The candidate before the single judge had sought a direction to the respondents (State Government and the University) to implement the Karnataka State Policy on Transgenders, 2017 and provide reservations to transgender persons, including the petitioner, in the University. Further, it sought to quash the decision of the University denying admission to the candidate, and a direction to the University to provide admission to the petitioner in the 3-year L.L.B. course from the 2023-24 academic year.

Case Title: National Law School of India University AND Mugil Anbu Vasantha & Others

Case No: WA 96/2025.

Appearance: Senior Advocate K G Raghavan for Advocate Aditya Narayan for Appellant.