THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 23434 of 2019 ORDER: (Per Hon’ble Sri Justice T.Vinod Kumar This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner herein, with the following prayer: Court may be pleased to issue a writ of mandamus, directing the Respondents-2 to 4 to consider the representations Dt:23.08.2019, 20.08.2019 & 18.10.2019 and legally recognize the gender identity of the petitioner from female to male gender by changing the gender identity to petitioner in all his educational records/certificates and consequently direct the Respondents-2 to 4 to change the gender identity of petitioner in all his educational records/certificates in accordance with the sex assigned to him under Sex Re-assessment Surgery (SRS) in accordance with the certificate Dt:11.01.2019 issued by Team of Doctors of Osmania General Hospital, Dept. of Urology and also by following the law laid down by the Hon'ble Supreme Court in National Legal Service Authority Vs. Union of India & others and pass any further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The instant Writ Petition is filed by the petitioner being aggrieved by the inaction of the respondent Nos. 2 to 4 in not considering the representations dated 23.08.2019, 20.08.2019 & 18.10.2019 seeking a legal declaration of his gender identity and to change the name of the petitioner from XXXXX to XXXXX in all his educational records/certificates in accordance with the sex assigned to him under Sex Re-assignment Surgery (SRS) vide certificate dated 11.01.2019.

3. It is the case of the petitioner that, he was born as female and since childhood identified as girl child and from childhood till Intermediate first year the petitioner was treated and considered as female only possessing physical and psychological feelings of female. However, the petitioner started to develop peculiar feelings with regard to sex and character in support of physical developments which made him disown the sex character that was assigned to him by birth.

4. The petitioner further contends that, due to changes in the behavior and physical pattern resulting in mockery and humiliation of the petitioner’s character he has faced a lot of problems in his family and also in the society which forced him to discontinue his Intermediate first year.

5. However, with an acquaintance aid, the petitioner decided to consult a physician and approached the Doctor at Osmania General Hospital at Hyderabad, where the Doctors after careful diagnosis had informed the petitioner that he was having a dis-order of sexual development due to hormonal imbalance and after further examination found that ‘right Undescended Testis with chorde with penoscrotal hypospadias’ and advised the petitioner to undergo Sex Re-assignment Surgery (SRS) by which the petitioner has transformed into a male person called as Transsexual Person. After series of operations, the doctors certified that the petitioner has completely changed his sex and gender pattern to a male gender with no more exhibits of any female character. The petitioner after undergoing SRS and attaining character of male has also changed the name as XXXXX from XXXXX, vide certificate dated 11.01.2019, and the same was published vide Government Gazettee Notification No.97, dated 23.07.2019.

6. The petitioner contends that, as he has undergone Sex Re- assessment Surgery due to genital anatomy problems to align his biological sex with his gender identity and have become a male person called as Transsexual Person and due to the surgery, he can no longer be able to function in his original sex.

7. Further, after undergoing Sex Re-assignment Surgery and acquiring a new social status the petitioner herein wanted to continue his studies and thereby approached the Intermediate Board vide representation dated 18.10.2019 and requested them to change his gender identity in records from Female to Mal