The Madras High Court has issued a crucial directive to the Tamil Nadu Veterinary and Animal Sciences University, instructing it to evaluate the admission application of transgender petitioner A. Nivetha for the Bachelor of Veterinary Science and Animal Husbandry (BVSc & AH) program without dismissing it due to her gender identity.
Case Brief:
Nivetha submitted her application for the BVSc & AH course on June 26, 2024. Although her application was accepted, the university's admission notification for the 2024-2025 academic year did not include any provisions for transgender individuals in the special category. As a result, Nivetha filed a writ petition seeking relief, contending that the exclusion of transgender applicants from this category constituted discrimination and violated the principles of equality guaranteed by the Indian Constitution.
During the hearing, the petitioner’s counsel requested that the court direct the university to evaluate Nivetha's application on its merits, ensuring that her gender identity would not disadvantage her. The university’s counsel did not raise any objections, leading the court to issue instructions for a fair review of the petitioner’s application.
Justice M. Dhandapani’s bench chose not to quash the university’s admission notification but mandated that the institution place the petitioner in an appropriate position if her application met the necessary merit-based criteria. The court granted the university two weeks to comply with these directives.
Crucially, the court emphasized that Nivetha’s transgender identity should not be a reason for rejecting her application. The writ petition was disposed of on September 11, 2024, with no order regarding costs.
Case Title: A.Nivetha v. The Secretary to Government, Health and Family Welfare Department And Others
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