3-Yrs LLB Admissions | NLSIU Executive Council Has Opted To Not Provide Reservation For Transgender Persons: Karnataka High Court Told
The National Law School of India University (NLSIU) has informed the Karnataka High Court that its Executive Council has opted, at this time, not to provide reservation for transgender persons in admission to 3-years NLSAT-LLB 2023 course offered by the University. The University has stated this in the statement of objections filed opposing a petition moved by one Mugil Anbu Vasantha,...
The National Law School of India University (NLSIU) has informed the Karnataka High Court that its Executive Council has opted, at this time, not to provide reservation for transgender persons in admission to 3-years NLSAT-LLB 2023 course offered by the University.
The University has stated this in the statement of objections filed opposing a petition moved by one Mugil Anbu Vasantha, a transgender person, who has approached court after he did not qualify for admission to the course.
NLSIU's reservation policy is as follows: 15% seats are reserved for Scheduled Castes, 7.5% for Scheduled Tribes, 27% for OBCs and 10% for EWS. Of this, 5% is horizontally reserved for Persons with Disabilities, 30% for women, and 25% for Karnataka students.
Vasantha seeks a direction to the State Government and the University to implement the Karnataka State Policy on Transgenders, 2017 and provide reservation to transgender persons, including themselves.
The University on the other hand claims that it has not violated any rights of the Petitioner or discriminated against them. It claims it is not under an obligation in law to provide reservation to transgender persons in the admissions pursuant to NLSAT-LLB 2023.
Referring to order of the coordinate bench of the High Court in Master Balachander Krishnan v. State of Karnataka and Others and Harsha Shivaram v. NLSIU (1998) wherein it was held that it is the prerogative of the University to prescribe and implement reservation, NLSIU said,
“The Executive Council of the Respondent University has, in its 95th meeting on 21.03.2021, approved the NLSIU Inclusion and Expansion Plan 2021-25. The said plan is a comprehensive and overarching scheme evolved by the plenary governing bodies of the Respondent University to ensure equality of access and opportunity to participate in the University’s programmes to all sections of the community. In keeping with the aforesaid dicta of this Hon’ble Court and the composition of the said body, it is beyond the pale of doubt that the plan is framed after consideration of all relevant aspects of the issue and the legal framework.”
It added “The Executive Council in its wisdom has opted, at this time, not to provide for a quota for transgender persons.”
NLSIU says the Council's decision is also in line with the prevalent position in other similarly situated educational institutions such as IITs, IIMs, etc., and also educational institutions in the State of Karnataka.
It also said the plea is 'premature' inasmuch as there is no case to seek relief on the strength of Supreme Court's judgment in NALSA v. Union of India (2014), until the Central and the State Government take appropriate steps as per the said decision. “Thus, there is no basis to the Petitioner’s claim to be granted admission to the Respondent University, by virtue of being a transgender person,” it is said.
The University further argued that the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020 do not mandate reservation for transgender persons but instead, contemplate adoption of various measures to ensure their access, inclusiveness and prevent discrimination. In this light NLSIU claims it has implemented a progressive gender inclusive policy to support students belonging to transgender community.
Questioning the maintainability of the petition the University has said, “The scheme of reservation implemented by the Respondent University was made known to all prospective applicants vide the notification for admission to the course dated 16.01.2023. The Petitioner, being fully cognizant of this and with their eyes open, applied for and participated in the admission process for the said course in the general category.”
Moreover, it is argued that the petition raises no challenge to the reservation scheme provided in the NLSAT LLB admission notification on the basis of which thousands of applicants to the NLSAT- LLB were evaluated and admissions offered, it is contended.
The University further claimed that the petitioner approached the court 'belatedly' as the results of the admission test were announced back in June and the academic session commenced on 3rd July, more than 4 weeks ago.
A Single bench of Justice Ashok S Kinagi on Monday granted one week time to the State government to file its reply in the matter, and posted it for hearing on August 21.
Case Title: Mugil Anbu Vasantha And State of Karnataka & Others
Case NO: WP 14909/2023.