BENGALURU: The Karnataka High Court directed National Law School of India University (NLSIU) to implement directions issued by the Supreme Court in NALSA’s (National Legal Services Authority) case, by formulating reservation along with measures for providing financial aid to transgenders in education before commencement of the admission process for next year.
Until then, NLSIU has to provide reservation of 0.5 per cent (half the percentage of reservation provided for transgenders in employment under the state) as interim reservation with a fee waiver and for which NLSIU may apply to the state or central government for the appropriate grant, the high court added.
At the same time, the court said the state can take note of claims for reservation for transgenders in education also, and formulate reservation and fee reimbursement policy as contained in the judgement of the apex court in NALSA’s case.
Justice Ravi V Hosamani passed the order while directing NLSIU to admit Mugil Anbu Vasantha under interim reservation for transgenders if there is no other transgender candidate who seeks or is admitted to third year LLB course for the current academic year.
Issuing directions while partly allowing the petition filed by Mugil Anbu Vasantha, the court said the present admission and financial aid policy of NLSIU is discriminatory against transgenders, and deprived them of pursuing LLB course; objections of NLSIU being technical require to be ignored.
“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 transgender candidates in pursuance of this order should not be treated as excess...,” the court said.
The petitioner obtained a Bachelor of Arts degree from Mahatma Gandhi University and Master of Arts in Development Studies from TATA Institute of Social Sciences. After realising that she was a female-to-male transgender person, the name was changed in 2022. Admission to LLB course was denied by NLSIU.
Therefore, she moved the high court. Following the interim order, she was admitted for the academic year 2023-24 but was asked to pay a fee. When she expressed inability to pay, NLSIU said admission would be cancelled.