The TV Academy has rejected Netflix’s Orange Is the New Black petition to be considered a comedy in this year’s Emmy race. The Academy ruled that the show would compete as a drama, and its actors, writers and director would also compete in drama categories.

Netflix had petitioned as per the new rules that recognise series that run for half-hours as comedies and those that run for hour-long as dramas. The Academy had also granted Fox’s Glee, Showtime’s Shameless and the CW’s Jane the Virgin the “comedy” status.

Orange Is the New Black competed as a comedy at last year’s Emmys, where it earned 12 nominations (the most of any comedy) and won three. The series contested as a comedy at the 2015 Golden Globes and Screen Actors Guild Awards as well.

The petition is reviewed by a nine-member panel. The panel includes five industry leaders that are appointed by the TV Academy chairman and four by the board of governors. The petitioners submit episodes of the current season, which are then evaluated by the panel to decide what kind of approach the series takes to the material. It takes a two-thirds vote of the panel to reach a decision. A spokesman for the TV Academy said there is no appeals process, but “Orange” can reapply for consideration.

Orange Is the New Black has won much critical appreciation since its release in 2013. It was released on Netflix. It tells the story of a woman living in New York, played by Taylor Schilling. She is sentenced to fifteen months for smuggling drug money to her ex-girlfriend. Orange Is the New Black is based on memoir by Piper Kerman. The series has completed two seasons and is up for the third one. The third season would release on June 12, 2015.