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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Janvin Cleetus – Appellant
Versus
Union Of India Ministry Of Defense – Respondent
| Table of Content |
|---|
| 1. rejection of ncc enrollment based on gender identity. (Para 1 , 2) |
| 2. purpose of ncc highlights the necessity of gender-specific training. (Para 5 , 6 , 7 , 8) |
| 3. legislative reforms required for transgender inclusion. (Para 9 , 10) |
| 4. court dismisses the writ petition. (Para 11) |
JUDGMENT :
N. NAGARESH, J.
1. The petitioner is a Transgender. The petitioner submitted application for enrollment in 30(K)Bn. National Cadet Corps Calicut Group. A selection process was conducted. The petitioner satisfied all eligibility conditions. However, during the interview process, the petitioner was informed that he being a Transgender, cannot be enrolled in NCC.
2. The rejection of the petitioner's candidature is due to his status as a Transgender. Rejection of the petitioner's application based on gender identity is violative of the petitioner's fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Constitution of India, contends the petitioner.
3. Respondents 1, 2, 3 and 5 filed a counter affidavit. The respondents submitted that the petitioner submitted an application to participate in the enrollment process for the 30(K)Bn NCC on 16.08.2024. The petitioner participat
Gender-specific provisions in the National Cadet Corps Act, 1948 are upheld despite non-inclusivity for Transgender individuals.
The judgment established the entitlement of transgender persons to be recognized and enrolled in the NCC, emphasizing the right to self-perceived gender identity and addressing the limitations of iss....
Reservation to transgenders - In the absence of any steps taken by the State, failure of its instrumentalities to provide reservation to transgenders does not make the notification impugned in this w....
The court established that the doctrine of legitimate expectation does not apply to legislative acts and that policy decisions, such as prescribing reservation or grace marks, are generally not subje....
Recognition of transgender as 'third gender', right to self-identified gender, and the directive for legal recognition, reservation, and social welfare schemes for transgender persons.
The judgment establishes the obligation of the government to ensure non-discrimination in employment as per the 2019 Act and the fundamental rights of transgender persons.
The Court affirmed the necessity for the Government to implement affirmative action policies, providing reservations for transgenders in education and public employment, as mandated by the Constituti....
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