Karnataka High Court Asks NLSIU To Respond To Transgender Candidate's Plea For Admission In Current Academic Year

The Karnataka High Court on Tuesday (July 8) asked National Law School of India University (NLSIU) to file its response to an application by a transgender person seeking a direction to provide admission in the 3-year LL.B course in the current academic year, listing the status of the seats and if the candidate can be accommodated.

A division bench of Justice S G Pandit and Justice T M Nadaf directed the University to file its objection by July 17.

The application has been moved by the candidate in NLSIU's appeal against a single judge's order asking it to provide reservation of 0.5% to transgender persons, with fee waiver, until the State takes a policy decision in the matter.

The court said “You place on record details as to how many classes have commenced, what was the last date of admission, what is the intake of students and whether all seats are filled up and whether the petitioner can be accommodated.”

Senior Advocate K G Raghavan appearing for University informed the court that “Admission is over, and classes have begun.” However, he added that a detailed affidavit would be filed on the next date of hearing.

It may be noted that by way of an interim order last year the single judge, which was hearing the candidate's writ petition, had directed the University to grant admission in the 3-year LLB course for the academic year 2023-24, if found eligible.

However, after the interim order the candidate pleaded that without financial assistance reservation for transgender persons itself would be futile. The University had earlier contended that the candidate cannot now seek admission as the candidate did not take admission after the interim order. 

During the hearing today as directed by the court, the University filed a memo indicating that it would place the issue of grant of reservations in admission to Transgender persons, before its Executive council for taking an appropriate decision.

Raghavan said, “We have filed a memo milords. We have just extracted the judgment passed earlier (Master Balachandar Krishnan And State of Karnataka & Others), and we have said that we will place this matter before the executive council.”

To a query raised by the court on when the last executive council meeting was held advocate Aditya Narayan also appearing for NLSIU submitted, “I am told it was held last August. I think it is held annually. Chief Justice of India, chairs the executive council.”

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'.

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.

The matter is next listed on July 17. 

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.