JUDGMENT

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 participated in the selection process. During the interview, the petitioner's gender identity as “Transgender” was revealed.

4. The respondents stated that as per Section 6 of the National Cadet Corps Act, 1948 , any student of male sex or any student of female sex of any University or School may offer himself/herself for e