On Friday(23rd August), The Telangana High Court has directed key authorities to classify transgender candidates as a distinct category for horizontal reservation in law course admissions. This ruling advances equal educational opportunities for transgender individuals in Telangana.
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Hyderabad: On Friday(23rd August), The Telangana High Court directed key educational and legal authorities, including the Telangana Council for Higher Education, the Convenor TG LAWCET and PGLCET 2024, the Bar Council of India, and Osmania University, to classify transgender candidates as a distinct category eligible for horizontal reservation in law course admissions. This significant ruling marks a progressive step toward ensuring equal educational opportunities for transgender individuals in the state of Telangana.
The Division Bench, comprising Chief Justice Alok Aradhe and Justice J. Sreenivas Rao, was presiding over a writ petition filed by Mallula Nagasri. The petition challenged the validity of Rule 7 of the Telangana Law Courses (Regulation of Admissions into 3-year and 5-year LL.B/B.L. Courses through Common Entrance Test) Rules, 2006, and the related notification issued on July 24, 2024.
A. Satyasiri, the counsel representing the petitioner, argued that the petitioner, who belongs to the Backward Class (B) category, was unjustly treated under the existing rules. According to the counsel, the rules failed to provide horizontal reservation for transgender individuals, effectively placing them on par with other candidates within the same caste group. This, the counsel contended, was a violation of the petitioner’s rights.
During the hearing, Satyasiri emphasized the importance of the Supreme Court’s decision in the landmark case of National Legal Services Authority (NALSA) v. Union of India. This ruling mandates the inclusion of transgender individuals in the Socially and Educationally Backward Classes (SEBC) and calls for the extension of reservation benefits to them in educational institutions and public appointments. The counsel argued that this precedent should be applied in the current case to ensure that transgender candidates receive the same opportunities and protections.
“The Supreme Court has emphasized that transgender individuals should be recognized as part of the SEBC and provided with corresponding reservation benefits.”
– Satyasiri asserted, emphasizing the need for compliance with the Apex Court’s ruling in the context of law course admissions.
After considering these submissions, the Division Bench relied heavily on the aforementioned Supreme Court judgment to deliver its directive. The court instructed the respondents to classify the petitioner as a transgender candidate and to ensure that the petitioner receives the benefits of admission to the LL.B. course under the horizontal reservation policy. Additionally, the court affirmed that the petitioner would still be entitled to the reservation benefits applicable to the Backward Class (B) category.
In a separate but related case, Justice T. Vinod Kumar of the Telangana High Court admitted a writ petition that sought directions to the Convenor of Telangana LAWCET and PGLCET 2024 at Osmania University. The petition aimed to have a student, Polakatla Babu Jagjeevan, recognized as a local candidate for the Telangana LAWCET examination.
Jagjeevan approached the court, arguing that he qualified as a local candidate due to his status as a native of Telangana. The petitioner further contended that his eligibility as a local candidate was based on the permanent residency of his parents in Telangana, as well as his own education from Nursery to Intermediate within the state.
Ramesh Chilla, counsel for the petitioner, presented the case by explaining that Jagjeevan had pursued a four-year B.Sc. (Hons) Agriculture degree at Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth in Dapoli, Maharashtra. This was accomplished through the All India Entrance Examination conducted by the Indian Council of Agricultural Research (ICAR) under the National Testing Agency (NTA).
Chilla argued that despite the petitioner not meeting the strict requirement of seven consecutive years of study in Telangana, he should be deemed a local candidate based on the government order outlined in the university’s admission prospectus.
“Although the petitioner does not meet the seven-year study requirement, his strong ties to Telangana, demonstrated by his parents’ permanent residency and his own education, justify his recognition as a local candidate.”
-Chilla argued.
The petitioner sought directives for the respondent authorities to consider him as a local candidate for admission to the 3-year LLB program. After taking into account these arguments, Justice Kumar directed that notices be issued to the concerned authorities and scheduled the next hearing for August 27, 2024, for further deliberation.
