National Law School Of India ... vs Mugil Anbu Vasantha
2023 Latest Caselaw 6290 Kant

                                              -1-
                                                        NC: 2023:KHC:31858-DB
                                                         WA No. 1025 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY 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)
Digitally signed
by AMBIKA H B
                   AND:
Location: HIGH
COURT OF
KARNATAKA          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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                                      NC: 2023:KHC:31858-DB
                                       WA No. 1025 of 2023




     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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                                               NC: 2023:KHC:31858-DB
                                                   WA No. 1025 of 2023




                               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

NC: 2023:KHC:31858-DB WA No. 1025 of 2023

INDIA1, 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

(2014) 5 SCC 438

NC: 2023:KHC:31858-DB WA No. 1025 of 2023

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