Lgbt rights

Prateek (Querist) 18 February 2016 This query is : Resolved
If a state aided educational institution revokes a person's allocation or admission which is consider as lgpt led to violation of his fundamental rights? Like art 14,15 and art 21?

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Rajendra K Goyal (Expert) 18 February 2016
Please state actual problem with clear facts.

Prateek (Querist) 18 February 2016
Ms. POOJA, a native of Palaya and a Shran by faith, took admission in a law degree course in the ‘Trans Palshtiya University’ in the state of ‘Trans’ which is a state-aided religious minority institution. Along with her admission, Ms. POOJA was allotted a hostel room in the women’s hostel.

However soon after her admission, University authorities cancelled her allotment of a hostel room on the ground that she was a lesbian and that fellow women candidates had objected to Ms. POOJA’s staying with them in the same hostel. Ms. POOJA tried to convince the University authorities to revoke their order of cancellation but was of no avail.
Place and other things are fictional
On the advice of her lawyers, Ms. POOJA filed a writ petition under Article 32 of the Constitution of India before the Supreme Court of Malp, challenging the constitutional validity of the aforesaid order of the Trans Palshtiya University contending that the order was arbitrary and hence violative of Article 14 of the Constitution of India.
Ms. POOJA has further claimed that the LGBT community is a ‘sexual minority group’ and it should not be discriminated against merely on the basis of its sexual orientation. She contends that the instances of fundamental right against discrimination on the basis of sex in the Constitution of Malp also include within its meaning such rights against discrimination on the basis of ‘sexual orientation’. On this ground she has assailed the validity of the aforesaid order as also being violative of article 15(1) of the Constitution of Malp. Ms. POOJA has also referred to the legal position in the other countries to substantiate her position.
On the contrary, the Trans Palstiya University has claimed that the term ‘sex’ as provided in article 15(1) of the Constitution cannot be interpreted to include ‘sexual orientation’. It has further contended that it is a religious minority institution and hence has the right to independently ‘administer’ the institution on its own. In an interview to a local newspaper, Mr. Arnam, who is considered as an authority on the Palstiya religion and philosophy, said that the sexual orientation of Ms. POOJA was condemned by the religious texts and beliefs of the Palstiyas.