Karnataka High Court Refuses To Stay Order Directing NLSIU To Provide Reservation To Transgender Persons

The Karnataka High Court on Monday refused to stay a single judge order by which it has directed the National Law School of India University to provide a reservation of 0.5% to transgender persons, with fee waiver, until it implements the 2014 directions of the Supreme Courts by formulating a reservation for transgender candidates. It said “Keep your hands off, don't file contempt petition.” Senior Advocate K G Raghavan appearing for the University argued that the single judge recognized that prayer regarding admission has become academic as the petitioner even after an interim order of the court did not take admission. During the hearing the court asked the Counsel what is the way for a candidate who wishes to pursue his law exams from an esteemed University.Raghavan responded, “Executive council of the University which is the supreme body, the decision for providing reservation is to be taken by it and executive council, comprises of legal luminaries.” Seeking to stay the single judge order he said, “The order will upset the complete character of the University which is merit based.” However, the court directed the parties to file their pleadings and said it would decide on the larger issue raised in the appeal and posted the further hearing to March 6. The single judge in its order had said “NLSIU is directed to implement directions issued by Hon'ble Supreme Court in NALSA's case by formulating reservation along with measures for providing financial aid to TGs in education before commencement of admission process for next academic year.