Karnataka State Law University ordered to provide transgender quota for LLB

The direction was given while hearing an appeal filed by National Law School of India University (NLSIU) against a single-judge order directing it to provide reservation to a transgender student.

The order added, “There shall be a direction to KSLU to include a provision in the notification that the eligibility criteria for transgender persons shall be reduced by at least 2% or to the lowest among the existing categories, whichever is more beneficial to the applicant. Such provision shall form part of the notification to be issued by the KSLU.”

KSLU’s counsel informed the court that it had directed BMS College of Law and Seshadripuram Law College to reserve a seat for the transgender student who approached the court.

Additional Advocate-General Reuben Jacob, appearing for the state, further informed the court that Karnataka State Women Development Corporation had conducted a survey and collected data about reservation to be made available to transgender people in education. The corporation can be directed to submit a transgender reservation proposal to the government, he added.

“The state government will consider the issue and pass suitable orders regarding reservation for transgender persons in education in the light of the 1 per cent horizontal reservation already provided for transgender persons in employment,” Jacob said.

Interim order for NLSIU to admit transgender student

The student approached the court in 2023 after NLSIU refused him admission to the LLB course for the 2023-24 academic year, and sought directions for the government and the university to implement the Karnataka State Policy on Transgenders 2017 and provide reservation for transgender people.

In an interim order, the court directed the university to admit the transgender person to the LLB course for the academic year if he was found eligible.

In its final order dated December 16, 2024, the single-judge directed NLSIU to implement the Supreme Court’s directions in the NALSA case by formulating a reservation policy, along with measures to provide financial aid to transgender people in education, before the commencement of the admission process for the next academic year. It also directed NLSIU to provide a 0.5 per cent interim reservation with a fee waiver.

The university then challenged the order before the division bench. During an earlier hearing of its appeal, NLSIU informed the court that it could not admit the student. The court then called on the government and KSLU to see whether the student could be granted financial aid and admission to an LLB programme at any law college in the state.

“He (student) has already lost three years; we do not want him to lose another year,” Justice Sivaraman had said.

The court will next hear the appeal on August 3.