Karnataka High Court orders NLSIU to provide 0.5% interim quota, fee waiver for transgenders

Bengaluru: The Karnataka High Court has directed the National Law School India University (NLSIU), Bengaluru to provide 0.5% reservation (half the percentage of reservation provided for transgenders (TGs) in employment under state as interim reservation with fee waiver and for which NLSIU may apply to State/Central Government for appropriate grant.

Justice Ravi V Hosmani said that this arrangement will be till the time NLSIU implements the Apex Court directions in NALSA’s case, by formulating reservation along with measures for providing financial aid to TGs in education before commencement of admission process for next academic year.

The court passed this order in the petition filed by Mugil Anbu Vasantha, seeking a direction for admission to three years LLB course as well as for implementation of Karnataka State Policy on Transgenders, 2017. During the hearing, provisional admission was granted to the petitioner by way of an interim order. In the final order, the court has directed the NLSIU, Bengaluru to admit the petitioner under interim reservation for TGs, if there is no other TG candidate who seeks or is admitted to III year LLB Course for the current academic year.

“In view of the fact that interim reservation is necessitated due to failure to carry out directions issued by the Supreme Court in NALSA’s case, admission of TG candidates to III year LLB. Courses in NLSIU in pursuance of this order shall not be treated as excess, even if they are in addition to admissions under the current admission process, as the same will be in force only for the current academic year. It would also be appropriate to direct the State to take note of claims for reservation for TGs in education also and formulate reservation and fee reimbursement policy as contained in para-135.3 in NALSA’s case,” the court said.

The court noted that the NLSIU is taking pride in various measures for transgender persons creating a level playing field to respond to all forms of discrimination and provide an inclusive and supportive educational environment taking note of NALSA’s case. “Strangely, it has not disclosed whether any steps are in progress or were taken for providing reservation and suitable financial aid policy specifically tailored for TGs. It is also not known whether the existing admission process accommodates TGs securing admission or undergoing studies in NLSIU,” Justice Ravi Hosmani said.

The court further said, “Therefore, failure of constitutional guarantees of equality of opportunity due to lack of measures/adequate measures for positive discrimination in securing sufficient representation to TGs in educational avenues in NLSIU is evident. This court in Sangama and another case had left it to the State Government to provide reservation for TGs in education. The government advocate has placed on record proposals stated to be under consideration before the State Cabinet.”