JUDGMENT
1. Issue notice. Ms.Maitreyi Krishnan, the learned counsel accepts notice for respondent No.1 and Smt.Niloufer Akbar, the learned Additional Government Advocate accepts notice for respondent Nos.2 and 3.
2. This writ appeal is directed against an interim order dated 22.08.2023 passed by the learned Single Judge in W.P.No.14909/2023 by which, respondent No.4-The National Law School of India University was directed to admit respondent No.1 in the three years' LL.B course of the academic year 2023-2024, if eligible and the same would be subject to the outcome of the writ petition.
3. Sri Udaya Holla, the learned Senior Counsel appearing for the appellant submits that respondent No.1 had approached this Court after the cut-off date. He also submits that the relevant Rules do not provide for any such reservation for transgenders.
4. Sri Clifton D'Rozario, the learned counsel appearing for respondent No.1 submits that in view of the judgment of the Hon'ble Apex Court in the case of NALSA VS. UNION OF
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INDIA
1 , the educational institutions are supposed to make provisions for providing reservation to transgenders either by amending or substituting the Rules. He further submits that the State Government has framed Karnataka State Policy on Transgenders, 2017, but the same has not been implemented.
5. Though we have recorded the preliminary submissions of the learned counsel for the parties, the fact remains that while issuing the interim direction to respondent No.4 for admitting respondent No.1, the learned Single Judge made it clear that the same would be subject to the outcome of the writ petition and the issue relating to admission/reservation to transgenders is yet to be heard by the learned Single Judge finally.
6. In our opinion, it would be in the fitness of things and interest of justice would be served if the parties are relegated to make a request to the learned Single Judge for expeditious hearing of the writ petition.
7. Accordingly, the writ appeal is disposed of directing the parties to approach the learned Single Judge within two
1
(2014) 5 SCC 438
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weeks from today for expeditious hearing and disposal of the writ petition. In case such request is made, the learned Single Judge is requested to consider the same and fix the matter for final disposal. It is made clear that we have not made any observations on the merits of the case.
8. In view of disposal of the writ appeal, the pending interlocutory application does not survive for consideration and the same is accordingly disposed of.
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CHIEF JUSTICE
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JUDGE
KPS
List No.: 1 Sl No.: 22