JUDGMENT :

1. The issue involved in this petition is “Whether a person who is born as a female with predominantly male orientation or vice versa has a right to get oneself to be recognised as a member of the gender of one’s choice, when the person has undergone surgical procedures for change of physical gender attributes?.” The right of a human being to choose his/her sex or gender identity is integral to his or her personality and is one of the most basic aspects of self determination, dignity and freedom. It is in the above background that the issue involved in this petition is required to be considered.

2. The petitioner took birth as a female gender and she completed her studies as a female student and after completion of her studies she got appointment on the post of Physical Training Instructor, Grade Three (for short ‘PTI Gr.-III) under General Female Category vide order dated 12.07.2013 and in the service record her status has been mentioned as ‘Female’. Though the petitioner took birth as female child and she was assigned female gender at the time of her birth, but she was suffering from Gender Identity Disorder, hence at the age of 32 years she consulted a Psychiatrist who conducted her psychological evaluation and on the basis of detailed clinical examination it was opined that the petitioner has no indication of any psychiatric disorder and she was suffering only with Gender Identity Disorder and she was found fit for ‘Sex Reassignment Surgery” vide Annexure-4. Thereafter the petitioner underwent Gender Reassignment Surgery (Female to Male) with Phalloplasty - Penis Prosthesis in the year 2014-2017 at Kokilaben Dhirubhai Ambani Hospital at Andheri (West) Mumbai and after undergoing the surgery, the petitioner became male from female. After this surgery, the petitioner recovered completely and became a Male with functional shaft and was on hormone therapy. The consultant Urologist Doctor issued a Certificate vide Annexure-5 in this regard on 09.08.2018. After getting the status of male gender, the petitioner changed his name in the Official Gazette of India on 08.09.2018 and his name was changed from Chinder Pal Kaur to Chinder Pal Singh. Thereafter the name of petitioner was changed as Chinder Pal Singh even in his Aadhar Card No. 935164446293.

3. The petitioner submitted an application on 22.09.2018 in the office of Principal of the School for change of his name and gender in his service record. The Principal referred the matter to the Joint Director, Secondary Education, for necessary action on 01.10.2018. But even after passing of more than three years the name and gender of the petitioner has not been changed in his service record. Under these circumstances, the petitioner has knocked the doors of this court by way of filing this petition with the following prayers :-

“It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction :-

I. Issue an appropriate writ, order or direction, the respondents may kindly be directed to change name and gender in service record/Book and to get enter name of petitioner family member as beneficiary.

II Issue an appropriate writ, order or direction, the respondents may kindly be directed to change of name and gender as Ms Chinder Pal Kaur to Chinder Pal Singh and gender from Female to Male in service record/Book.

III Issue an appropriate writ, order or direction, the respondents may kindly be directed to decide the representation dated 22.09.2018 after considering his genuine prayer of change the name and gender of the petitioner.

IV Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.

V Cost of the writ petition may also be awarded in favour of the petitioner.”

4. Counsel for the petitioner submitted that with the development of medical science, the petitioner has underwent the gender reassig