MEMORIAL ON BEHALF OF THE PETITIONER

YASHWANTRAO CHAVAN LAW COLLEGE

MOOT COURT

SAURABH U. BHANDARE ......... COUNSELS PETITIONER

PRATIK S. CHAVHAN ......... COUNSELS RESPONDENT

B.A.LL.B V

BEFORE THE HON’BLE

HIGH COURT OF JUDICATURE AT _______________

CIVIL ORIGINAL JURIDICATION

PUBLIC INTEREST LITIGATION

WRIT PETITION (CIVIL) NO. __________ OF 2022

UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, 1949

X ......... PETITIONER

V/S.

Y ......... RESPONDENT

UPON SUBMISSION TO THE

HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUSTICES OF

THE HIGH COURT OF _____________

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 1

 MEMORIAL ON BEHALF OF THE PETITIONER

TABLE OF CONTENTS

1. LIST OF ABBREVIATIONS.

2. REFERENCE.

3. STATEMENT OF JURISDICTION.

4. STATEMENT OF FACTS.

5. STATEMENT OF ISSUES.

6. SUMMARY OF PLEADINGS.

7. ARGUMENT.

8. PRAYER.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 2

 MEMORIAL ON BEHALF OF THE PETITIONER

LIST OF ABBREVIATIONS

Hon’ble Honourable
S.C.C Supreme Court Case
S.C Supreme Court
H.C High Court
Art. Article
Sec. Section
U/s. Under section
W.P Writ Petition
U.O.I Union Of India
Govt. Government
NLSA National Legal Services Authority
SEBC Socially Educational Backward Class
V/s. Versus
i.e. That is
S/d Signature
B.Sc Bachelor of Science
MSR Act THE MAHARASHTRA STATE RESERVATION (OF SEATS FOR
ADMISSION IN EDUCATIONAL INSTITUTIONS IN THE STATE
AND FOR APPOINTMENTS IN THE PUBLIC SERVICES AND POSTS
UNDER THE STATE) FOR SOCIALLY AND EDUCATIONALLY
BACKWARD CLASSES (SEBC) ACT, 2018.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 3

 MEMORIAL ON BEHALF OF THE PETITIONER

REFERENCE

(A) CASES

1. S. Tamilselvi Vs. The Secretary to Government and Ors. H.C. W.P. No. 26506 of 2022

2. National Legal Services Authority Vs. Union Of India (5) S.C.C. 438 of 2014

(B) OTHER AUTHORITIES

1. M.P. Jain’s Indian Constitution Law (Eighth Edition) Lexis Nexis.

2. The Transgender Persons (Protection of Rights) Act, 2019.

(C) LEGISLATION

1. The Constitution Of India, 1949.

2. The Transgender Persons (Protection of Rights) Act, 2019.

(D) OTHER DATABASES

1. indiankanoon (www.indiankanoon.org)

2. lawfinder (www.lawfinderlive.com)

3. e-journal

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 4

 MEMORIAL ON BEHALF OF THE PETITIONER

STATEMENT OF JURISDICTION

The Hon’ble HIGH COURT has the jurisdiction to hear the matter under Article 226 of
The Indian Constitution.

Article 226 of the Indian Constitution. reads as,

Article 226. Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout
the territories in relation to which it exercise jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those territories
directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the
rights conferred by Part III and for any other purpose

(2) The power conferred by clause (1) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in part,
arises for the exercise of such power, notwithstanding that the seat of such Government or
authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or
in any other manner, is made on, or in any proceedings relating to, a petition under clause
( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea
for such interim order; and

(b) giving such party an opportunity of being heard, makes an application to the High Court
for the vacation of such order and furnishes a copy of such application to the party in
whose favour such order has been made or the counsel of such party, the High Court shall
dispose of the application within a period of two weeks from the date on which it is received
or from the date on which the copy of such application is so furnished, whichever is later,
or where the High Court is closed on the last day of that period, before the expiry of the
next day afterwards on which the High Court is open; and if the application is not so
disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the
expiry of the aid next day, stand vacated

(4) The power conferred on a High Court by this article shall not be in derogation of the
power conferred on the Supreme court by clause (2) of Article 32.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 5

 MEMORIAL ON BEHALF OF THE PETITIONER

STATEMENT OF FACTS

BEFORE THE HON’BLE HIGH COURT OF

JUDICATURE AT _______________

WRIT PETITION

(CIVIL) NO. __________ OF 2022

X ......... PETITIONER

V/S.

Y ......... RESPONDENT

UNDER ARTICLE 226 OF THE

CONSTITUTIONION OF INDIA, 1949

1. The Petitioner ‘X’ here is the Transgender and a student.

2. Petitioner ‘X’ is a student who applied for diploma in nursing course for women
in the year 2018 – 2019.

3. Although the Petitioner was provided with communal reservation for said course
as there was no separate reservation for the Transgender.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 6

4. Petitioner ‘X’ approached the Court for relief, and the Hon’ble directed the
authorities to keep one seat vacant under special category as a transgender for
the said course.

5. While the pendency of the case, the petitioner was provided with one seat and
petitioner successfully completed the said course in the year 2021.

6. In year 2022, the petitioner applied for the further integrated course i.e. Post
Basic B.Sc (Nursing), and Diploma in Psychiatry Nursing Course. But the
Petitioner was treated as a female candidate instead of Transgender and was
ranked 280 in merit list.

7. In reference to NLSA V/s. UOI Hon’ble Court had directed State and Central
Govt., to treat Transgender as SEBC (Socially Education Backward Class), and to
extent all kind of Reservation in case of Educational Institution and Public
Appointments.

8. Although after the Specific order of the Hon’ble Court and the directions under
the Transgender Person (Protection of Rights) Act, 2019 the Respondent ‘Y’ the
College did not issued the reservation for course of Post Basic B.Sc (Nursing),
and Diploma in Psychiatry Nursing.

9. By the act of respondent ‘Y’ the College, Petitioner has suffered threat to her
Constitutional Right hence, the Petitioner filed a Writ Petition to quash the
Prospectus of the Respondent ‘Y’ the College.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 7

 MEMORIAL ON BEHALF OF THE PETITIONER

STATEMENT OF ISSUES

1. Whether this Petition is maintainable before the Hon’ble High Court?

2. Whether the Petitioner’s Fundamental Rights are been Violated?

3. Whether Prospectus issued by College ‘Y’ can be entitled to be Quash?

4. Whether The Petitioner needs Reservation under Transgender instead of

Reservation under Female Candidate?

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 8

 MEMORIAL ON BEHALF OF THE PETITIONER

SUMARRY OF PLEADING

1. Whether this Petition is maintainable before the Hon’ble High Court?

Yes, The Petitioner’s Right has been Violated by the act done by the
Respondent College. This Petition is maintainable before the Hon’ble High
Court. Petitioner have Locus Standi, in this Hon’ble Court. Here is the large
Public Interest in this Petition so, this present Petition under Public Interest
Litigation, it does not show the self interest in the present petition.

2. Whether the Petitioner’s Fundamental Rights are been Violated?

Yes, The Constitutional Rights of the Petitioner are violated under Art. 14,
29(2), 21 by the Respondent College ‘Y’.

3. Whether Prospectus issued by College ‘Y’ entitled to be Quashed?

Yes, U/s 3, 13 of The Transgender Persons (Protection Of Rights) Act, 2019

and U/s 9 of The Maharashtra State Reservation (of The Seats for Admission in
Educational Institutions in The State and For Appointments in The Public
Services And Posts Under The State) For Socially And Educationally Backward
Classes (SEBC) Act, 2018.

4. Whether The Petitioner needs Reservation under Transgender instead of

Reservation as a Female Candidate?

Yes, The Petitioner needs Reservation under Transgender instead of

Reservation as a Female Candidate due to concession in Fees and other
incentives.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 9

 MEMORIAL ON BEHALF OF THE PETITIONER

ARGUMENTS

1. Whether this Petition is maintainable before the Hon’ble High Court?

Yes, The Petitioner’s Right has been Violated by the act done by the
Respondent College. This Petition is maintainable before the Hon’ble High
Court. Petitioner have Locus Standi, in this Hon’ble Court.

LOCUS STANDI:

Means the right to bring in action to be heard in Hon’ble Court or the

address the Hon’ble Court on the matter before it.

The traditional rule of LOCUS STANDI is that the person who Court
must show that HE/SHE has HIMSELF/HERSELF suffered legal injury.

Ordinarily the Person whose Fundamental Rights has been Violated may
File the Petition for remedy.

But, The Public Interest Litigation to this rule, it is well settled that a
Public Interest Litigation can be maintained only by person or group of person’s,
who have no personal interest in the matter and are working for the benefit of
those under the privileged, who cannot come to the court for the redress of their
grievances.

Under Article 226 in The Constitution Of India 1949

Article 226. Power of High Courts to issue certain writs,

(1) Notwithstanding anything in Article 32 every High Court shall have

powers, throughout the territories in relation to which it exercise jurisdiction, to
issue to any person or authority, including in appropriate cases, any
Government, within those territories directions, orders or writs, including writs
in the nature of habeas corpus, mandamus, prohibitions, quo warranto and
certiorari, or any of them, for the enforcement of any of the rights conferred by
Part III and for any other purpose.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 10

 MEMORIAL ON BEHALF OF THE PETITIONER

ARGUMENTS

2. Whether the Petitioner’s Fundamental Rights are been Violated?

Yes, The Constitutional Rights of the Petitioner are violated by the

Respondent College ‘Y’.

Under Article 14, Equality before law The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
India.

Equal Opportunity is not given as a Transgender and not approved

reservation under (SEBC) Category. As Transgender Persons are those whose
mind and body disown their biological sex they need extra efforts and attention
from the Society to survive and get education. But Respondent College ‘Y’
ignored their social status and denied their admission as a transgender under
(SEBC) Category for appropriate seat.

Equality of status and opportunity always come together. As the status

changes, there will be change in opportunity also.

The logic behind giving equality is, it is an attempt to put person with
different status in same position or at same point for competition.

By this, the feeling of collectiveness will get increase.

Here, equal opportunity is not given as transgender and not approved

reservation under (SEBC) category, but considered as female candidate. As
Transgender persons are those whose mind and body disown their biological sex
they need extra efforts and attention as compare to others, from the society to
survive and uplift their life. This will possible only through education. But
Respondent college ‘Y’ ignored their social status and denied their admission as
a transgender under (SEBC) category for appropriate seat. Instead they
considered petitioner as women candidate.

Article 21, Protection of life and personal liberty No person shall be deprived
of his life or personal liberty except according to procedure established by law.
S.C. of India has expanded the meaning of the Right to life to include,

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 11

 ‘Right to food and adequate Livehood’.
But, if present petitioner can’t get his status of transgender how can she get
adequate livelihood that is the question we need to answer
According to this Article, every person has liberty to take admission in any
College and Educational Institutes under any category it belongs, even if the
Person is Transgender and should be given Reservations under (SEBC)
Category.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 12

 MEMORIAL ON BEHALF OF THE PETITIONER

ARGUMENTS

3. Whether Prospectus issued by College ‘Y’ entitled to be Quash?

Yes, the Prospectus issued by College ‘Y’ entitled to be Quash,

The Respondent must give admission under SEBC Category to the Petitioner
(Transgender), according to Sec. 3 of The Transgender Persons (Protection Of
Rights) Act, 2019 which reads as-

Prohibition against discrimination.— No person or establishment shall

discriminate against a transgender person on any of the following grounds,
namely:—

(a) the denial, or discontinuation of, or unfair treatment in, educational

establishments and services thereof;

(b) the unfair treatment in, or in relation to, employment or occupation;

(c) the denial of, or termination from, employment or occupation;

(d) the denial or discontinuation of, or unfair treatment in, healthcare

services;

(e) the denial or discontinuation of, or unfair treatment with regard to,
access to, or provision or enjoyment or use of any goods, accommodation, service,
facility, benefit, privilege or opportunity dedicated to the use of the general public
or customarily available to the public;

(f) the denial or discontinuation of, or unfair treatment with regard to the
right of movement;

(g) the denial or discontinuation of, or unfair treatment with regard to the
right to reside, purchase, rent, or otherwise occupy any property;

(h) the denial or discontinuation of, or unfair treatment in, the opportunity
to stand for or hold public or private office; and

(i) the denial of access to, removal from, or unfair treatment in, Government
or private establishment in whose care or custody a transgender person may be.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 13

 The Respondent must give admission under SEBC Category to the Petitioner
(Transgender) instead of Female Candidate, according to Sec. 10 of The
Transgender Persons (Protection Of Rights) Act, 2019 which reads as-

Obligations of establishments — Every establishment shall ensure

compliance with the provisions of this Act and provide such facilities to
transgender persons as may be prescribed.

The Respondent must give admission under SEBC Category to the Petitioner
(Transgender) instead of Female Category as the Respondent College ‘Y’ is obliged
to do so, according to Sec. 13 of The Transgender Persons (Protection Of Rights)
Act, 2019 which reads as-

Obligation of educational institutions to provide inclusive education to

transgender persons — Every educational institution funded or recognised by the
appropriate Government shall provide inclusive education and opportunities for
sports, recreation and leisure activities to transgender persons without
discrimination on an equal basis with others.

The Respondent has failed to comply the guidelines given by the below act,
according to Sec. 09 of The Maharashtra State Reservation (of The Seats for
Admission in Educational Institutions in The State and For Appointments in The
Public Services And Posts Under The State) For Socially And Educationally
Backward Classes (SEBC) Act, 2018. which reads as-

Penalty - Any admission authority or appointing authority or officer or

employee entrusted with the duty or responsibility who wilfully acts in a manner
intended to contravene or defeat the purpose of this Act shall, on conviction, be
punished with imprisonment for a term which may extend to ninety days or fine
which may extend to five thousand rupees, or with both.

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 14

 MEMORIAL ON BEHALF OF THE PETITIONER

ARGUMENTS

4. Whether The Petitioner needs Reservation under Transgender instead of

Reservation as a Female Candidate?

Yes, The Petitioner needs Reservation under Transgender instead of

Reservation as a Female Candidate. As Transgender Persons are those whose mind
and body disown their biological sex they need extra efforts and attention from the
Society to survive and get education. As Respondent College ‘Y’ considered
Petitioner as Female Candidate in Merit List the Rank was much lower i.e. 280th
and if the Petitioner considered as a transgender she will be ranked higher and it
would be much more beneficial to Scholarships, Allowances, concession in Fees
and other incentives.

There is alot of difference between Scholarships, Allowances, concession

in Fees and other incentives of a female candidate and Transgender Candidate, if
the reservation under SEBC is not provided there will be deprivation for the
Petitioner ‘X’ (Transgender).

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 15

 MEMORIAL ON BEHALF OF THE PETITIONER

PRAYER

It is therefore prayed that,

(a) The Petition may kindly be granted, the abominable Prospectus must be
quashed with immediate effect.

(b) The Petitioner must be granted Reservation under SEBC Category as a

Transgender.

(c) Any other order may kindly be passed in interest of justice.

S/d ___________

PETITIONER

S/d ___________

COUNSEL

MEMORIAL ON BEHALF OF THE PETITIONER PAGE NO. 16