Matters Of Policy Which Require Studies: Kerala High Court Refuses To Order Induction Of Transgender Student Into NCC

The Kerala High Court has refused to interfere with the rejection of the candidature of transgender persons in the National Cadet Corps (NCC) holding that the inclusion of transgender students in NCC is a matter of policy.

The Court was considering a Writ Petition against rejection of the Application of a transgender student for enrollment in the National Cadet Corps, Calicut Group.

The Bench of Justice N. Nagaresh held, "........The National Cadet Corps Act, 1948 as it stands now, does not contemplate an NCC Division for Transgenders. Ideally, students belonging to Transgender should also get equal opportunity to get NCC training. But formation of NCC Transgender Division would require minimum / sufficient number of Transgender students to form separate Division. Those are matters of policy which require sufficient studies, which is the function of the Executive. Implementation of Transgender Divisions in NCC would require legislative intervention also."

The Petitioner was represented by Advocate Dhanuja M.S., while the Respondent was represented by Senior Panel Counsel Dayasindhu Shreehari N.S.

Facts of the Case

The Petitioner, a Transgender student, submitted an application for enrollment in 30(K)Bn. National Cadet Corps Calicut Group. He satisfied all the eligibility conditions but during the interview process, he was informed that he being a Transgender, cannot be enrolled in NCC.

Reasoning By Court

The Court noted that it is true that candidates belonging to Transgender section stand to lose in the matter of enrollment in NCC and ideally the Transgender students should also get opportunity to enroll in NCC.

However, it pointed out that the question is as to whether taking into consideration the statutory provisions and the purpose for which gender specific divisions are maintained for students belonging to different gender, the existing provisions can be said to be violative of Article 14 or not.

"....The Scheme of NCC training contemplates Cadets to stay in field conditions in tentage and confined accommodations. The training includes close contact physical exercises / games and long and short camps. By the very nature of the syllabi of training, the authorities are bound to take measures for the well being of the Cadets belonging to different genders......In the circumstances of the case, it has to be held that there is intelligible differentia in the matter of providing differential treatment in NCC for persons belonging to different genders.....", the Court held.

The Petition was accordingly dismissed.

Cause Title: Janvin Cleetus v. Union of India (2025:KER:86180)

Appearances:

Petitioner- Advocate Dhanuja M.S.

Respondent- Senior Panel Counsel Dayasindhu Shreehari N.S., Government Pleader Dheeraj A.S.

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