The Karnataka High Court told NLSIU that “a seat must be reserved” while hearing its appeal against the 0.5% transgender quota order. The Court asked for prompt action, with the next hearing scheduled on Monday.
Bengaluru: The Karnataka High Court heard an appeal filed by the National Law School of India University (NLSIU), Bengaluru, against a single-judge order that directed the university to implement 0.5% reservation in admissions for transgender persons, along with a fee waiver.
The case was heard by a division bench of the High Court.
Bench of Hon’ble Justice S.G. Pandit and Hon’ble Justice T.M. Nadaf heard the matter.
At the beginning of the hearing, the bench asked,
“Has the appeal been admitted?”
Senior Advocate K.G. Raghavan, appearing on behalf of NLSIU, informed the Court that the case had been placed before the present bench because “since the Chief Justice is a member of the University’s Governing Council, the matter was placed before the present bench.”
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The Court then asked,
“What is the State’s position on this?”
Responding to the query, Raghavan explained,
“The matter originally required a response from the State, but it has now turned into a public interest litigation from what was initially a private interest plea, and a direction for reservation has been issued.”
The High Court further questioned,
“Does the Karnataka State policy for transgender persons include reservation?”
The petitioner replied,
“Yes, it does under the General Recruitment Rules, and it was implemented following a PIL in this Court.”
The bench, however, noted,
“But that applies only to employment, correct?”
Acknowledging the importance of the matter, the Court said,
“Senior counsel, this matter certainly needs to be heard we’re not saying reservation isn’t necessary.”
Clarifying the university’s stance, Raghavan said,
“We’re not opposing the idea of reservation, but our concern is that the decision should come from the Executive Council, not be mandated by a court directive.”
In response, the Court assured,
“We’ll give you the liberty to take a decision, but it shouldn’t be unnecessarily delayed.”
Raghavan then told the Court,
“We will place the matter before the Executive Council in its upcoming meeting.”
At one point during the hearing, Raghavan made it clear,
“In any case the petitioner will not get it. He can apply for admission in the subsequent year.”
He also added, “I will get back to your lordships with all necessary information.”
The Court directed the university,
“File a memo we’ll pass an order. Ultimately, a seat must be reserved.”
Raghavan confirmed,
“Yes, but the petitioner won’t benefit, as per the earlier interim order the matter is closed for them.”
The bench further asked the university,
“When will you file the memo? Ensure the meeting isn’t delayed.”
Raghavan responded,
“I can’t give an immediate date, but the issue needs Executive Council’s attention.”
Addressing the Court personally, the petitioner made an emotional appeal,
“Just one submission your lordships. I do have the option of applying anywhere else for education. I am 35 years old. I also cannot place trust in the admission process in NLS now because of the arbitrariness so far.”
To this, the appellant’s counsel informed the Court that the proposal for transgender reservation would be presented before the relevant council and a decision would be taken.
“The appellant will file a suitable memo to place this proposal on record.”
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The High Court has scheduled the next hearing for Monday.
The court was informed that on 16 January 2023, NLSIU had issued an official notification for admissions to its 3-year LLB programme, with classes scheduled to begin in July. As per this notification, a total of 120 seats were available, and the reservation criteria had been clearly mentioned.
The university maintains that the petitioner’s admission issue should be seen within the scope of this notification.
Case Title: NATIONAL LAW SCHOOL OF INDIA UNIVERSITY V MUGIL ANBU VASANTHA AND OTHERS, WA 96/2025
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