A division bench, comprising Chief Justice R.K. Agrawal and Justice M. Sathyanarayanan, before whom the public interest litigation, filed by Swapna of Madurai and four others, came up for hearing, ordered notice, returnable by November 27, to the chief secretary, TN social welfare department secretary and Tamil Nadu public service commission.
According to Swapna, she scored 428 marks in her class 10 board exam, and 1,021 marks in plus-two, standing third in her district. She cleared her UPSC prelims, but could not make it to the interview as her school certificate described her as a male. The second petitioner, Grace Banu of Thoothukudi was holding a diploma in Computer Engineering. The third petitioner, M. Selvi Manoj Premkumar, was a well-known physiotherapist in Chennai.
The fourth petitioner, Living Smile Vidya, in Chennai had studied MA in Applied Linguistics and was also a writer. Thus all the petitioners were proficient in one or other field. Despite their qualifications, they could not get suitable jobs and were discriminated against and disregarded for the only reasons that they did not come under the group ‘male’ or ‘female’.