Proposal For Transgender Reservation Will Be Placed Before Appropriate Council Of The Varsity: NLSIU Tells Karnataka High Court

The National Law School of India University has agreed before the Karnataka High Court to place the issue of granting reservation in admission to Transgender persons, before an appropriate council of the varsity.

This comes in Varsity's challenge to 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'.

"It cannot be so arbitrary. Why not give 1 percent reservation? A study is to be carried out. A huge exercise is required to be done. Otherwise backward class commission and census will all be irrelevant," senior advocate KG Raghavan appearing for the varsity had argued previously.

Today, the Court orally told the counsel that the matter warrants consideration as "we cannot say that reservation is not required."

To this, Raghavan responded, "We bow down that reservation should be given, but only thing is that directing reservation by Court is not proper. Decision has to be take by the Executive Council."

Hearing this, the Court said it will grant liberty to the University to take a decision provided, the same is not "prolonged".

"We will place this matter before executive council on the next meeting," Raghavan assured the Court, adding he cannot make a statement "off hand" as to when the meeting will be convened.

The matter is now listed on Monday (July 07).

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 reservation of 0.5% reservation to the community, with fee waiver.

The petitioner 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 petitioner, 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.