Karnataka HC Orders to allow Provisional Admission of Transgender Individual at National Law School

Transgender Law Insider

LI Network

Published on: 24 August 2023 at 11:30 IST

The Karnataka High Court has issued a directive mandating the National Law School of India University (NLSIU) to extend provisional admission to a transgender individual for the three-year LLB program.

It is important to note that this interim admission order remains contingent upon the final verdict of the ongoing petition.

The bench, led by Justice Ashok S Kinagi, presided over the hearing of the plea initiated by Mugil Anbu Vasantha, a transgender individual who contested the NLSIU’s absence of reservation for transgender candidates.

Notably, the NLSIU countered the petition by asserting that the “Executive Council in its wisdom has opted, at this time, not to provide for a quota for transgender persons.”

The petitioner specifically seeks the court’s intervention to ensure the NLSIU’s adherence to the Karnataka State Policy on Transgenders, which stipulates reservation provisions.

In its current framework, the NLSIU extends reservations for Scheduled Castes, Scheduled Tribes, Other Backward Classes (OBCs), and Economically Weaker Sections (EWS).

The institution also maintains horizontal reservations for individuals with disabilities, women, and Karnataka domicile students.

The NLSIU’s contention revolves around the argument that Vasantha applied under the general category, unable to secure admission through that route.

Consequently, the institution posits that the plea for reservation as a transgender candidate lacks validity.

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