Karnataka High Court directs NLSIU Bangalore to provisionally admit transgender student to three-year LLB course

The Karnataka High Court on Tuesday passed an interim order directing the National Law School of India University (NLSIU), Bangalore to provisionally admit a transgender student to the three-year LL.B. course if they were found eligible..Justice Ashok S Kinagi emphasized that it was the constitutional responsibility of the University to take affirmative action to protect the rights of gender minorities.“It is the Constitutional responsibility of the respondents to take affirmative action to protect the rights of the petitioner and other third genders. In this matter, the defendants have failed to fulfill their responsibility," the Court said..The Court was hearing a plea filed by the student seeking directions to the State government to implement the Karnataka State Policy on Transgenders, 2017 and provide reservations to transgender persons in NLSIU.The plea also sought quashing of the decision of the University denying admission to the petitioner, and a direction to admit the petitioner in the three-year LL.B. course for the academic year 2023-2024.The Court admitted the plea and clarified that the admission was subject to the final outcome of the petition..The University opposed the grant of relief firstly on the ground that the reservation scheme was made known to all prospective applicants. It argued that the petitioner only challenged it after being denied admission based on their performance in the admission process.Further, it has pointed out that the legal framework in the form of the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020 do not mandate or provide for reservation for transgender persons. Instead, such legislation contemplates adoption of various measures to ensure access, inclusiveness and to prevent discrimination."The Respondent University has not only adhered to the above framework of the law, but also gone beyond the same by adopting cutting edge measures of gender equality. Moreover, the University recognizes that ensuring access and equality is a continuing goal and is committed to evolve and adapt its practices and policies to achieve the same," NLSIU's statement of objections emphasized..Regarding reservation, the University underlined that a Division Bench of the High Court in Master Balachander Krishnan v. State of Karnataka and Ors had held that it is only the Executive Council of NLSIU that can provide for reservation in the University.It informed the Court that accordingly, the Executive Council has opted, at this time, not to provide for a quota for transgender persons..This decision, the University argued, is in line with the prevalent position in other similarly situated educational institutions such as IITs and IIMs and also other educational institutions in the State of Karnataka.