Reservation Policy For Transgender Persons In NLSIU To Be Made By Executive Committee, Can't Be Done In Ad Hoc Manner: Varsity To High Court

The National Law School of India University (NLSIU) told the Karnataka High Court on Monday (March 17) that because of single judge's direction ordering the varsity to provide reservation of 0.5% to transgender persons with fee waiver, the "entire administration of admission process has been disturbed" and is interfering with its autonomy.

Notably, the single judge had directed the varsity to provide the reservation to transgender persons until it implements the 2014 directions of the Supreme Courts in NALSA v. Union of India, by formulating a reservation for transgender candidates.

During the hearing on Monday, Senior Advocate K G Raghavan appearing for NLSIU submitted before a division bench of Justice V Kameshwar Rao and Justice TM Nadaf, that there cannot be a direction to give fee waiver or give reservation, as it has to be done by the University's executive committee.

Referring to Supreme Court's judgment in NALSA v. Union of India he said “The direction has been issued to state governments to do it. In Balaji case the Supreme Court said reservation is a complex issue. It is not to be done in Ad-hoc manner...In this case directions were sought against us. The petition was closed against us by way of interim order and it was kept alive only to get to know what the state government has done in regard to providing reservations. But now we have this order against us. This is interfering with the autonomy of the institution by the court.”

Raghavan emphasised that having regard to the All-India character of the institution, it (reservation) has to be done in a proper manner. The petitioner has no right to seek admission, he added.

The petitioner appearing in person contended that the history of transgender rights originates from the Supreme Court. The petitioner further said, "The 2014 NALASA judgment is the source of our rights. From 2014 onwards we were supposed to have legal recognition in the country".

“NALSA judgment said transgender persons cannot be categorized as Male or Female and a separate category be formed, from there onwards our rights under Article 21 and Article 14 rights be granted including reservation. NLSIU provides vertical and horizontal reservation, even 25 percent Karnataka category. Only when a transgender person applies under general merit, without publishing the rank list they summarily denied my admission. I have achieved much more than the mandated. They are not creating a separate category for transgender persons,” the petitioner added.

Arguing that the question pertained to arbitrariness and denial, the petitioner said, “Because of the arbitrariness of University why should we suffer milords...11 years have passed since NALSA judgement. My submission is that it is a judgment in REM and it can be invoked against them also. Judgment has not been challenged by any state authority and but not implemented”.

After hearing the matter for some time, the bench listed it for hearing on March 28.

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.

Case Title: National Law School of India University AND Mugil Anbu Vasantha & Others

Case No: WA 96/2025.