Right in Question:
Whether the State and Bar Council of India (BCI) were constitutionally and statutorily obligated to create separate seats for transgender candidates in legal education institutions.
Facts:
The Petitioner, a transgender woman, applied for admission to the B.A. LLB at Government Law College, Kozhikode, for the academic year 2025–26, seeking admission under the transgender reservation category, which was not yet implemented. The Government of Kerala had requested the BCI to approve two additional seats for transgender students in all government law colleges, beyond the sanctioned intake. However, the BCI had not taken any decision, as the matter was pending before its General Council. With admissions underway and no action from the BCI, the petitioner approached the Kerala High Court seeking urgent directions to ensure reservation for transgender candidates in the current admission cycle.
Court Decision and Reasoning:
The High Court observed that the delay by the BCI in approving additional seats for transgender candidates was unjustified, particularly when the State Government had already taken a progressive step to secure such inclusion.
The Court held that the issue was one of fundamental importance and must be addressed urgently to uphold the principles of equality, inclusion, and dignity under the Constitution and the Transgender Persons (Protection of Rights) Act, 2019. It stated that administrative inaction cannot override a constitutional right, and that higher education institutions must take proactive measures to ensure transgender inclusion.
The Court issued an interim direction to the Bar Council of India to grant approval within ten days to the Government of Kerala for the creation of two additional seats for transgender students in all law colleges across the State, over and above the existing sanctioned intake.
This case is currently pending.
Significance:
This interim order marks a significant step toward institutionalising transgender reservation in higher education, particularly in professional law courses.