Karnataka High Court Refuses To Stay Order Directing NLSIU To Provide Reservation To Transgender Persons

The Karnataka High Court on Monday refused to stay a single judge order by which it has directed the National Law School of India University (NLSIU) to provide a reservation of 0.5% to transgender persons, with fee waiver, until it implements the 2014 directions of the Supreme Courts by formulating a reservation for transgender candidates. A division bench of Justice V Kameswar Rao and Justice T M Nadaf refused to stay the order and posted the appeal filed by the University for hearing on March 6. It directed the parties to file their pleading by then. Further, it orally directed the petitioner, a transgender person who has sought admission to the University in the 3-year L.L.B. course, to refrain from filing a contempt petition against the University for non-implementation of the single judge order. It said “Keep your (petitioner) hands off, don't file contempt petition.” Senior Advocate K G Raghavan appearing for the University argued that the single judge recognized that prayer regarding admission has become academic as the petitioner even after an interim order of the court did not take admission. The petition was confined only to what the State is going to do about implementation of directions of SC in respect of transgenders. “He (Petitioner) did not take admission after the interim order. Today we cannot do anything, he has missed the bus,” he said. During the hearing the court asked the Counsel what is the way for a candidate who wishes to pursue his law exams from an esteemed University.Raghavan responded, “Executive council of the University which is the supreme body, the decision for providing reservation is to be taken by it and executive council, comprises of legal luminaries.” Seeking to stay the single judge order he said, “The order will upset the complete character of the University which is merit based.” However, the court directed the parties to file their pleadings and said it would decide on the larger issue raised in the appeal and posted the further hearing to March 6. 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. Noting that NLSIU takes pride in various measures for transgender persons to create a level playing field 'to respond to all forms of discrimination and provide inclusive and supportive educational environment', in NLSIU. The court had however said, “Strangely, it has not disclosed whether any steps are in progress or were taken for providing reservation and suitable financial aid policy specifically tailored for TGs. It is also not known whether the existing admission process accommodates TGs securing admission or undergoing studies in NLSIU. Therefore, failure of constitutional guarantees of equality of opportunity due to lack of measures/adequate measures for positive discrimination in securing sufficient representation to TGs in educational avenues in NLSIU is evident.” It had then added “Present admission and financial aid policy of NLSIU is discriminatory against TGs and thereby deprived them of pursuing LL.B. Courses in NLSIU, objections of NLSIU being technical require to be ignored/waived, in facts and circumstances of present case.” The petitioner 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. By way of interim order the court had directed the University to grant admission to a transgender person in the 3-year LLB course for the academic year 2023-24, if found eligible. However, after the interim order the petitioner pleaded that without financial assistance reservation for TGs itself would be futile. Case Title:...

Karnataka High Court Refuses To Stay Order Directing NLSIU To Provide Reservation To Transgender Persons

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