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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY v. MUGIL ANBU VASANTHA
Factual and Procedural Background
This writ appeal arises from an interim order dated 22.08.2023 passed by the learned Single Judge in Writ Petition No.14909/2023, directing the National Law School of India University (NLSIU) to admit respondent No.1, Mugil Anbu Vasantha, into the three years' LL.B. course for the academic year 2023-2024, subject to eligibility and the final outcome of the writ petition. The appellant, NLSIU, challenges this interim direction by filing the present writ appeal under Section 4 of the Karnataka High Court Act, seeking to set aside the impugned order and dismiss the writ petition.
Legal Issues Presented
- Whether the respondent No.1, a transgender applicant, is entitled to admission and reservation in the LL.B. course despite approaching the Court after the cut-off date.
- Whether the existing Rules of the educational institution provide for reservation for transgender persons, and whether such reservation should be recognized or implemented.
- The applicability and effect of the Supreme Court’s judgment in NALSA v. Union of India regarding reservation and rights of transgender persons in educational institutions.
- The implementation status and legal effect of the Karnataka State Policy on Transgenders, 2017, in the context of educational admissions.
Arguments of the Parties
Appellant's Arguments
- Respondent No.1 approached the Court after the cut-off date for admission.
- The relevant admission Rules do not provide for any reservation for transgender candidates.
Respondent No.1's Arguments
- Relying on the Supreme Court’s judgment in NALSA v. Union of India, educational institutions are required to make provisions for reservation for transgender persons, either by amending or substituting their Rules.
- The Karnataka State Government has framed the Karnataka State Policy on Transgenders, 2017, which has not yet been implemented, but supports the claim for reservation.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| NALSA v. Union of India, (2014) 5 SCC 438 | Mandate for educational institutions to provide reservation for transgender persons by amending or substituting admission Rules. | Respondent No.1 relied on this precedent to justify entitlement to reservation; the Court acknowledged its relevance but did not decide on the merits. |
Court's Reasoning and Analysis
The Court noted the preliminary submissions of the parties and observed that the interim order admitting respondent No.1 was expressly made subject to the final outcome of the writ petition. The Court emphasized that the substantive issue regarding admission and reservation for transgender candidates remains to be finally adjudicated by the learned Single Judge. Recognizing the interest of justice, the Court directed the parties to seek expeditious hearing before the Single Judge. The Court refrained from making any observations on the merits of the case at this stage.
Holding and Implications
DISPOSED OF
The writ appeal is disposed of with a direction that the parties approach the learned Single Judge within two weeks for an expeditious hearing and final disposal of the writ petition. The interim order admitting respondent No.1 remains subject to the final adjudication. The Court made no substantive ruling on the merits or the question of reservation for transgender candidates. The interlocutory application pending in the writ appeal is also disposed of as infructuous. This decision does not establish any new precedent but ensures procedural progression of the matter before the Single Judge.
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NC: 2023:KHC:31858-DB WA No. 1025 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4THDAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE KRISHNA S DIXIT WRIT APPEAL NO.1025 OF 2023 (EDN-RES)
BETWEEN:
NATIONAL LAW SCHOOL OF
INDIA UNIVERSITY
AFFILIATED TO BAR COUNCIL OF INDIA
REPRESENTED BY ITS REGISTRAR
POST BOX No.7201
NAGARBHAVI
BENGALURU 560242
…APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W
SRI ADITYA NARAYAN, ADVOCATE)
AND:
1. MUGIL ANBU VASANTHA
AGED ABOUT 33 YEARS
RESIDING AT No.102A
ZED COLLECTIVE
OFF DODDABALLAPURA MAIN ROAD
YELAHANKA
BANGALORE 560064
2. STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
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DR.B.R.AMBEDKAR VEEDHI
BANGALORE 560001
3. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT
M S BUILDING
DR. B R AMBEDKAR VEEDHI
BANGALORE 560001
4. THE NATIONAL LAW SCHOOL OF
INDIA UNIVERSITY
REPRESENTED BY ITS
ACADEMIC DEAN AND LLB CHAIRPERSON
TEACHERS COLONY
GNANABHARATHI ROAD
BANGALORE 560072
…RESPONDENTS (BY SRI CLIFTON D'ROZARIO, ADVOCATE FOR MS.MAITREYI KRISHNAN, ADVOCATE FOR C/R1; SRI VIKRAM HUILGOL, AAG A/W SMT.NILOUFER AKBAR, AGA FOR R2 & 3).
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 22.08.2023 PASSED BY THE
HON'BLE SINGLE JUDGE IN WRIT PETITION NO.14909 OF 2023
AND DISMISS THE SAID WRIT PETITION.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
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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
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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.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
List No.: 1 Sl No.: 22
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