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2024 Supreme(Ker) 414

AMIT RAWAL, C. S. SUDHA
National Cadet Corps, Represented by its Commanding Officer – Appellant
Versus
Hina Haneefa @ Muhammed Ashif Ali N. , D/o. Haneefa Nanath – Respondent


Advocates Appeared:
For the Appellant : N.S. Daya Sindhu Shree Hari.
For the Respondent: Shri. Thomas Abraham, SC, University of Kerala, Sri. K.J. Glaxon, Sri. Raghul Sudheesh, Smt. J. Lakshmi, Shri. Sanish Sasi Raj, Sri. T.K. Vipindas, Sr. Government Pleader.

JUDGMENT :

C.S. Sudha, J.

This intra court appeal has been filed by respondents 4 to 7 in W.P.(C) No.23404/2020 against the judgment dated 15/03/2021 by which the writ petition was allowed. The respondents herein are the petitioners and respondents 1 to 3 respectively in the writ petition. The parties and the documents will be referred to as described in the writ petition.

2. According to the first respondent, she is a transwoman who secured admission for B.A. History course in the third respondent college under the special category of transgender. The petitioner was assigned male gender at the time of birth. At the age of 21 the petitioner on 22/10/2018 underwent sex reassignment surgery from male to female at Vela Hospitals Pvt. Ltd., Coimbatore. The petitioner had also undergone another surgery as part of the sex reassignment on 27/05/2019 at Renai Medicity, Kochi. Earlier the petitioner's name was 'Muhammed Ashif Ali N.' and after the sex reassignment surgery, the name has been changed to 'Hina Haneefa'. Pursuant to the surgery, the Social Justice Department issued Ext.P3 transgender identity card dated 08/02/2019 to the petitioner. The petitioner applied for enrolment in the Nati

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