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