KEY FACTS:
The petitioner, Mx Alia is a transgender person with a transgender certificate from the Judicial Magistrate, Alipore. The respondent, West Bengal University of Health Sciences issued a notification inviting applications for an M.Phil in Clinical Psychology. However, the application form did not have Third Gender or Transgender Category to apply in. The petitioner alleged this denied them participation in the admission process. The petitioner has contended that under the landmark NALSA v. Union of India precedent, the petitioners are bound to make accommodations for transgender persons as a socially and economically backward class. The respondents contend that since the present writ application has been filed after the publication of the University’s notification, no steps can be taken.
The petitioners submitted that the deadline for the application was only a few days away from the date of this hearing and urged the Court to grant appropriate relief. This would enable Mx Alia Sk to make a successful application before the deadline.
ISSUE:
The issue before the Court is whether public universities are required to include a Transgender Category in their application forms.
DECISION:
The Court directed the University to allow the petitioner to submit an application before the deadline in accordance with NALSA v. Union of India.
The petition was re-heard on 2nd January 2020, where upon being satisfied that Alia had been able to make a successful application to the University, the petition was disposed.
SIGNIFICANCE:
The judgment is important because it signifies the role of Courts in ensuring that special accommodations and adjustments are made to include trans persons in the process of public university applications and admissions process, where non exist.