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POOJITHA B.P. VS. KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD

Read the full judgement here
citation:

W.P. 54037/2017

court:

Karnataka High Court

judges:

Justice Vineeth Kothari

KEY FACTS:

Poojitha is a transgender woman who wanted to change her name and gender in her educational record. She had obtained fresh identity documents, such as an Aadhar card and a passport, indicating her name and gender after undergoing sex-reassignment surgery.

Even after 3 months, the Karnataka Secondary Education Examination Board (hereafter: the “Board”) failed to respond to her request. She filed a petition before Karnataka High Court requesting the court to direct the Board to respond.

ISSUES & DECISION:

The issue before the court was whether it should order the Board to entertain Poojitha’s application.

Poojitha cited Shri Vinod H.N. Vs State of Karnataka, a similar case where the same court had directed the Board to respond to the petitioner’s request.  The counsel for the Board agreed that they would respond Poojitha if she represents again.

The court held that the Board shall consider the representation made by Poojitha along with necessary documents. Further, it directed the Board to conduct an inquiry, if required.

The court also asked Poojitha to submit the required evidence again to the Board within 15 days. It directed the Board to carry out the necessary changes in appropriate documents within 3 months from the date of order.

SIGNIFICANCE:

This judgement maintained a transgender persons right to self-identify their gender identity and obtaining documents to reflect any change in sex and name.