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In a significant order, the Madras High Court has directed the Tamil Nadu Veterinary and Animal Sciences University to consider the application of a transgender petitioner, A. Nivetha, for admission into the Bachelor of Veterinary Science and Animal Husbandry (BVSc & AH) program without rejecting it on the basis of gender identity.

Nivetha had applied for the BVSc & AH course on June 26, 2024. Despite her application being accepted, the university's admission notification for the academic year 2024-2025 did not mention any provisions for transgender persons under the special category, prompting Nivetha to file a writ petition seeking relief. The petitioner argued that the omission of transgender applicants from the special category amounted to discrimination, violating the principles of equality enshrined in the Indian Constitution.

During the hearing, the petitioner's counsel prayed that the court order the university to consider Nivetha's application on merit, without being disadvantaged due to her gender identity. The counsel for the university did not raise any objections, and court subsequently issued directions to ensure the petitioner’s application was reviewed fairly.

The bench of Justice M. Dhandapani did not quash the university’s admission notification but ordered the institution to place the petitioner in an appropriate position if her application met the required merit-based criteria. Court gave the university two weeks to comply with the directions.

Importantly, court made it clear that the petitioner’s transgender identity should not serve as a basis for rejecting her application.

The writ petition was disposed of on September 11, 2024, with no order as to costs.

Case Title: A.Nivetha v. The Secretary to Government, Health and Family Welfare Department And Others