Application Cannot Be Rejected Merely On Ground Of Transgender: Madras HC Directs Veterinary University To Consider Transgender Candidate For Admission

The Madras High Court  directed the Tamil Nadu Veterinary and Animal Sciences University (TANUVAS) to consider the application of a transgender candidate for its undergraduate veterinary science program and ensure that her application is not rejected based on her transgender identity.

The Single-Judge Bench of Justice M Dhandapani, issued the order on September 11, directing the university to place A Nivetha in the appropriate admission category within two weeks, while dealing with a petition filed by Nivetha, who sought directions for her inclusion under the transgender category for admissions to the Bachelor of Veterinary Science and Animal Husbandry (BVSc & AH) course.

The petition highlighted the absence of any specific category for transgender candidates in the university's admission prospectus, which Nivetha argued was discriminatory and illegal. In her petition, Nivetha contended that the admission notification for the 2024-2025 academic year did not categorize transgender individuals separately, contrary to the state's policies aimed at ensuring equal opportunities for all genders. Nivetha's application, dated June 26, 2024, had not been considered under a special category for transgender candidates, prompting her to approach the court.

The petition also highlighted the legal and social challenges faced by transgender individuals in securing equal access to education and employment opportunities. Despite state and central policies promoting transgender rights, many educational institutions still lack explicit provisions for their inclusion, forcing candidates like Nivetha to seek judicial intervention for their rightful inclusion.

The Single-Judge emphasized that the university could not reject Nivetha’s application solely on the basis of her transgender identity. "It is made clear that the third respondent shall not reject the application of the petitioner on the ground of transgender," the Court said. 

“In view of the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned Admission Notification issued by the third respondent, directs the third respondent to consider the application of the petitioner dated 26.06.2024 and place the petitioner appropriately within a period of two weeks from the date of receipt of a copy of this order. It is made clear that the third respondent shall not reject the application of the petitioner on the ground of transgender,” the Court ordered. 

Cause Title: A. Nivedita v. The Secretary to Government [W.P.No.27090 of 2024]

Appearance:-

Petitioner: Advocate KV Sajeevkumar

Respondent: Advocates M.Sneha, K.Gangadaran

Click here to read/download the Order