Aastha Pareek
In a significant move towards inclusivity, the Karnataka High Court on December 16, 2024 has directed the National Law School of India University (NLSIU) to implement a 0.5% reservation for transgender individuals in its admission process. This interim measure is to remain in effect until NLSIU formulates a comprehensive reservation policy for transgender candidates, as mandated by the Supreme Court’s 2014 judgment in National Legal Services Authority (NALSA) v. Union of India (2014) 5 SCC 438.
The Court’s directive came in response to a Public Interest Litigation (PIL) filed by 33-year-old Mugil Anbu Vasantha, who was denied admission to NLSIU’s LLB program. Justice Ravi V. Hosmani, presiding over the case, noted that the current admission and financial aid policies at NLSIU are discriminatory against transgender persons, effectively depriving them of the opportunity to pursue legal education.
In addition to the reservation, the Court instructed NLSIU to provide a fee waiver for students admitted under the transgender quota. To facilitate this, NLSIU may seek appropriate grants from the state or central government.
Justice Hosmani emphasized the necessity for NLSIU to comply with the Supreme Court’s directives in the NALSA judgment, which recognized transgender individuals as a third gender and called for reservations and financial aid to support their education and employment opportunities.
The court also highlighted that the Karnataka state government has already implemented a 1% reservation for transgender individuals in public sector employment. Drawing a parallel, the Court deemed a 0.5% reservation in educational institutions as a reasonable interim measure until a formal policy is established.
This ruling marks a progressive step towards ensuring equal opportunities for transgender individuals in higher education, aligning with constitutional principles of equality and non-discrimination.
Case Name:– X v. State of Karnataka
Case Number:- Writ Petition No.14909 Of 2023 (EDN-RES)
Bench:- Justice Ravi V. Hosmani