Plea before Kerala High Court seeks reservation, separate rank list for transgender persons in GLCs

A petition has been filed before the Kerala High Court seeking orders to ensure reservation for transgender students in all Government Law Colleges across the State [Esai Clara v. State of Kerala & Ors.].

The petition was moved by a transgender woman who had applied for admission to the integrated five-year LL.B Course through the Kerala Law Entrance Examination (KLEE) 2025.

The petitioner qualified in the examination and was included in the rank list.

But when she applied to the Government Law College, Kozhikode, she was informed that admissions to the college are made strictly on the basis of the rank list and central allotment process conducted by the Commissioner for Entrance Examinations.

As no separate reservation category or seat was provided for transgender candidates in the allotment list, the petitioner was not granted admission.

According to the petitioner, denying her admission in the transgender category, violates directions of the Supreme Court in the NALSA judgment as well as statutory requirements under the Transgender Persons (Protection of Rights) Act, 2019.

As per the plea, denial of admission violates Government Orders issued by the Kerala government recognising the transgender community as a socially and educationally backward class and directing that reservation benefits in educational institutions be extended to them.

This amounts to a violation of her fundamental rights under Articles 14, 15, 19 and 21 of the Constitution of India, the petitioner contended.

According to the petitioner,

"The inaction of the Respondents in not granting the reservation benefit to the Petitioner, despite her eligibility and legal entitlement, is arbitrary, discriminatory, and violative of Articles 14, 15, 19, and 21 of the Constitution of India."

Therefore, she has sought orders to the authorities to grant her admission to the course under the transgender reservation category for the academic year 2025–2026.

The petitioner has also sought directions to the Kearla government to issue necessary Government Orders or notifications to implement reservation for transgender persons in admissions to all Government Law Colleges and other educational institutions under its control.

She has further sought directions to the Commissioner for Entrance Examinations to create and publish a separate reservation category and rank list for transgender persons in all future KLEE and similar examinations.

Advocates Raghul Sudheesh, J Lakshmi, Ambily T Venu, Unnikrishnan S Thandayaan and Umadevi M appeared for the petitioner.