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2021 Supreme(Ker) 174

ANU SIVARAMAN
Hina Haneefa @ Muhammed Ashif Ali N. D/o Haneefa Nanath – Appellant
Versus
State of Kerala Rep. by it Secretary, Higher Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. C.R. Sudheesh, Sri. Raghul Sudheesh, Sri. K.J. Glaxon, Sri. Sanish Sasi Raj, Smt. J. Lakshmi.
For the Respondents: Sri. Thomas Abraham, Sri. N.S. Daya Sindhu Shree Hari, Sri. K. Arjun Venugopal.

JUDGMENT :

ANU SIVARAMAN, J.

1. This writ petition is filed with the following prayers:-

    “(i) Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction declaring Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra-vires of Articles 14, 15 and 21 of the Constitution to the extent it excludes transgender community from enrolment with the National Cadet Corps.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order to direct the 4” and 7” respondent to amend the enrolment criteria to include Transgender community in National Cadet Corps.

(iii) Issue a writ of mandamus or any other appropriate writ, direction or order to direct the 3rd, 4th, 5th and the 6th Respondent to take necessary steps for the enrolment of the petitioner in the National Cadet Corps.”

2. Heard the learned counsel for the petitioner, learned standing counsel appearing for the 2nd respondent, the learned ASGI as well as the learned Government Pleader.

3. Petitioner, who is a student of the University College, Thiruvananthapuram, states that she is a transgender (trans-woman). It is stated that she was assigned male gender at the tim

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