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2022 Supreme(SC) 1630

D. Y. CHANDRACHUD, HIMA KOHLI
Shanavi Ponnusamy – Appellant
Versus
Ministry of Civil Aviation – Respondent


Advocates appeared:
Mr. R. Prabhakaran, Advocate, Mr. G. Sivabalamurugan, Advocate, Mr. Selvaraj Mahendran, Advocate, Mr. C. Adhikesavan, Advocate, For the Appellant / Mr. Sanjay Jain, ASG, Mr. Arkaj Kumar, Advocate, Mr. Akshay Amritanshu, Advocate, Ms. Tanya Aggarwal, Advocate, Mr. Yuvraj Sharma, Advocate, Mr. Kanu Agrawal, Advocate, Mr. Padmesh Mishra, Advocate, Mr. Pranay Ranjan, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Amrish Kumar, Advocate, Mr. K.V. Viswanathan, Sr. Advocate, Ms. Neetca Sharma, Advocate, Ms. Fauzia Shakil, Advocate, M/S. M. V. Kini & Associates, Advocate, For the Respondent.

ORDER

1. The gist of the case is that the petitioner, a transgender woman, had sought employment as a member of the cabin crew in Air India, pursuant to an advertisement dated 10 July 2017. The advertisement was for recruitment in the 'female category'. No special category for transgender persons was provided. After clearing the Preliminary Medical Examination tests, the petitioner appeared for the Group Dynamic[1] and Personality Assessment Test[2] on 18 August 2017. The GD and PAT for the post of female trainee cabin crew, evaluated the candidates on subjective parameters, including overall personality, self- confidence, service aptitude, and communication/sociability. The petitioner was not selected. Mr K V Viswanathan, senior counsel, states that the rejection of the petitioner was due to the inability of the Petitioner to score the minimum qualifying marks in the GD and PAT (relevant to the SC category).

[1] 'GD'

[2] 'PAT'

2. The petitioner instituted the Writ Petition under Article 32 of the Constitution seeking, inter alia, a direction to the respondents to consider the candidature of the petitioner for the post of cabin crew in Air India.

3. In National Legal Services Authority

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