A three-judge bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjeev Khanna said that the matter has been taken into consideration and the matter will be heard after three weeks. Senior advocate Anand Grover, appearing on behalf of the petitioner, said that the petitioner has sought early hearing for his main petition as the matter is pending since 2017.
On July 23, the apex court allowed the transgender woman to amend her petition challenging the decision of Air India. The petition challenged the basis of conducting personality tests for third gender candidates. The woman underwent her gender change in 2014.
In 2017, the Supreme Court issued a notice to Air India and the Ministry of Civil Aviation in this case asking them to give clarification. The company defended its decision, stating that they did not hire the woman because the woman did not even score minimum marks in the personality test and group discussion and there was no discrimination against the woman.
The petitioner claimed that he had worked for 13 months at Sutherland Global Services in Chennai in the airline sector and Air India's customer support sector (both domestic) and international sector to fulfill his dream. Born in 1989 in Tamil Nadu, the woman graduated in 2010 in engineering.
She got her sex change done in April 2014 to become a full woman and this information was published in the state government gazette. The woman saw an Air India advertisement in the newspaper in 2017, in which she landed a job for the position of female cabin crew member.
The woman filed an application for that job. The woman said that she received a call letter from the company that the woman had to give GD and personality test. But the woman says that despite doing well on her behalf, she was not hired.
In her petition, the woman has accused the company of not being selected for being transgender and that the recruits were only for female cabin crew members. The woman's petitioner states that the Transgender Person (Protection of Rights) Bill, 2016 prohibits discrimination.
The woman said that the bill clearly states that no person can discriminate against a transgender in relation to employment and occupation.