One Transgender Student Admitted In This Year's Regular Intake, Illegal To Direct Quota: NLSIU To Karnataka High Court
The Karnataka High Court on Thursday (July 24) was informed by the National Law School of India University (NLSIU) that one transgender student has been admitted this year in the regular intake during admission to courses. Advocate Aditya Narayan appearing for the University submitted before a division bench of Justice Anu Sivaraman and Justice Dr K Manmadha Rao, “In the regular intake...
The Karnataka High Court on Thursday (July 24) was informed by the National Law School of India University (NLSIU) that one transgender student has been admitted this year in the regular intake during admission to courses.
Advocate Aditya Narayan appearing for the University submitted before a division bench of Justice Anu Sivaraman and Justice Dr K Manmadha Rao, “In the regular intake one transgender person has been admitted.”
The submission was made in NLSIU's appeal challenging a single judge's order directing the varsity to provide 0.5% reservation to transgender persons in admission to courses.
At the outset the court questioned University as to why it was objecting to it (quota). To which the varsity's counsel stated that there is a general direction given to create a quota for transgender persons.
It was stated that in principle there are two objections, the directions of the Supreme Court in the NALSA case was to State and Centre, to take steps. The study that is required to create the quota is not done.
To which the bench asked, “Is it such a matter where technical objections are to be raised?”
The counsel responded, “The extent of representation and the manner in which it has to be determined is to be done by way of a study. The question of quota in law school is a matter which is in the domain of the executive council and it has not taken any decision.”
To a query of the court whether transgender persons are entitled to a quota, the varsity's counsel said, “It is not legally correct to direct a quota.”
During the hearing the candidate who is seeking admission to the course in the current academic year, submitted that the already one month of classes was over.
The bench then orally asked the varsity's counsel, “All things considered you are now on the question of quota or not? What about the admission of the petitioner?"
To which NLSIU's counsel submitted that so far as the student is concerned the single judge had observed, in two interim orders and the final order, that writ has become infructuous.
It was submitted that the candidate was granted liberty to participate but the student did not participate. The counsel submitted that now when the matter was kept for final hearing of appeal the candidate had, two years after the original process, filed an application seeking a direction to be admitted.
He added “The judgment of the single judge is of December 2024 and the student had participated in the admission intake process of 2023-24.”
The bench also said “Is it your case that there is not even 0.05 percent of persons answering this definition in the society?". The counsel replied the court has directed reservation for 0.5 percent.
“In fact in this year's admission process, through regular intake one transgender person has already been admitted,” it said.
The bench is now going to hear the matter on July 28.
The single judge in its order had said “NLSIU is directed to implement directions issued by Hon'ble Supreme Court in NALSA's case (NALSA v. Union of India) by formulating reservation along with measures for providing financial aid to TGs in education before commencement of admission process for next academic year. Until then to provide a reservation of 0.5% (half the percentage of reservation provided for TGs in employment under State) as interim reservation with fee waiver and for which NLSIU may apply to the State/Central Government for appropriate grant."
Further it had clarified that interim reservation is necessitated due to failure of the University to carry out directions issued by the Supreme Court in NALSA's case, admission of Transgender candidates to III year LL.B. Courses in NLSIU in pursuance of this order shall not be treated as excess, even if they are in addition to admissions under current admission process, as the same will be in force only for the current 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.