On Provisionally Admitted Transgender Student's Plea, Karnataka High Court Asks NLSIU To Disclose Norms Set For Extending Financial Aid

The Karnataka High Court on Friday directed the National Law School of India University (NLSIU) to inform the norms framed by its committee for extending financial aid to students who have been admitted in the University to pursue various courses and the extent of financial aid which can be given.

A single judge bench of Justice Ravi V Hosmani issued the direction while hearing an application filed by a Transgender candidate who on the basis of an interim order passed by the High Court has been granted provisional admission in the 3-year LLB course for the academic year 2023-24 and has sought financial aid from the University.

The court orally suggested that the University take proactive steps. “This is a special circumstance, verify all that…Petitioner may not succeed but persons like the petitioner need not face such a situation again.”

During the hearing the University opposed the application and informed the court that there was dearth of efforts on part of petitioner in approaching the committee for financial aid and the bank suggested by the committee for availing education loan by petitioner.

However, the counsel for the petitioner orally submitted that petitioner had made efforts. “Same would be required to be placed on record,” Court told him and asked him to file an affidavit disclosing the efforts made by him for availing assistance.

A single judge bench vide its interim order dated August 22, 2023, 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.

Following this, the Registrar of the University addressed an email to the petitioner with the Letter of Admission for processing the admission and mandating payment of Rs. 50,000, within 72 hours, to which the Petitioner responded on 29.08.2023 confirming that they have deposited Rs. 50,000 towards their admission.

The application before the court said that the Petitioner, as with most transgender persons, does not have any family support, has faced severe discrimination and without financial means, has made the said payment of Rs. 50,000 on 29.08.2023 by taking hand-loans from transgender community well-wishers. Accordingly he filled and submitted an NLSIU Financial Aid Application Form 2023-24 (NLSAT) detailing their requirement for financial aid by him.

On 8-9-2023, the University requested additional documents from the petitioner dating as far back as 2016, regarding financial assistance, which the petitioner responded vide Email dated 11.09.2023 providing all the required information.

The plea said “However, still the interim order to provide admission to the petitioner has not been complied with. The Petitioner will be prejudiced by the delay in complying with this Hon'ble Court's directions, as they will also miss the attendance requirement for the completion of the course. There is a requirement for a timeline to be fixed for compliance with this Hon'ble Court's directions on an emergent basis, to ensure that compliance with the directions are not rendered infructuous due to delay, and to protect the rights of the Petitioner.”

The matter will be heard again on January 21.

Case Title: Mugil Anbu Vasantha And State of Karnataka & Others

Case NO: WP 14909/2023.

Appearance: Advocate Clifton D Rozario for Petitioner.

Senior Advocate K G Raghavan for Advocate Aditya Narayan for R3.