Case Title: Mugil Anbu Vasantha And State of Karnataka & Others
Case NO: WP 14909/2023
Date of Order: 08-08-2023
CORAM: HON’BLE JUSTICE ASHOK S KINAGI
INTRODUCTION
the Karnataka High Court issued a temporary directive, instructing the National Law School of India University (NLSIU) to offer admission to a transgender individual in the 3-year LLB course for the academic year 2023-24, provided they meet the eligibility criteria.
FACTS
The petitioner requested the State Government and the University to implement the 2017 Karnataka State Policy on Transgenders, providing reservations for transgender individuals, including the petitioner, in the University. The petitioner also sought to reverse the University’s decision denying their admission and demanded admission to the 3-year L.L.B. course starting from the 2023-24 academic year.
The University opposed these requests, stating that it lacked a transgender quota, and its decision was consistent with practices at other institutions like IITs and IIMs. The University argued that its reservation system for the 3-year LLB program was in accordance with the mentioned principles.
The University’s reservation scheme for the 3-year LLB program adheres to these principles. The reservation policy allocates: 15% for Scheduled Castes, 7.5% for Scheduled Tribes, 27% for OBCs, and 10% for EWS. Additionally, 5% is reserved for Persons with Disabilities, 30% for women, and 25% for Karnataka students.
In response, the University’s filed statement argued that the Supreme Court’s directive in the NALSA v. Union of India case pertained to the Central and State Governments, and thus, the petitioner’s case was premature. The University stated that there was no basis for the petitioner’s claim of admission based on being a transgender person.
COURT’S ANALYSIS
The court emphasized the duty of the respondents to uphold the rights of the petitioner and other transgender individuals. The respondents were found to have violated the petitioner’s rights by denying them education in accordance with the Constitution. The court referred to the Transgender Persons Act and Rules, stating that recognized educational institutions must establish welfare programs for transgender people. Notably, the court pointed out the absence of reservation for transgender individuals in the University and its contradiction with legal requirements and the NALSA judgment. Therefore, an interim order was issued, directing the state government to submit their objections within four weeks. It said “The respondents are constitutionally obligated to take positive steps to realise the rights of petitioner and other transgenders and the respondents have failed in their obligation.”
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Written by- Shreya Sharma
