Supreme Court judges sought the stand of civil aviation ministry and Air India on a plea made before the court by Shanavi Ponnuswamy. (Picture for representation)

The Supreme Court on Monday gave hope to a man "denied" a cabin crew job by Air India after he underwent a sex change surgery to become a woman. The person is now being treated as a "transgender".

The judges sought the stand of Civil Aviation Ministry and Air India on a plea by Shanavi Ponnuswamy, who told the court that she did well in her tests, but was not absorbed due to her transition.

She had applied for a cabin crew job with Air India in female category. She also said that her repeated representation to Civil Aviation Ministry had fallen on deaf ears.

"I have taken four attempts so far but unfortunately has not been shortlisted by Air India for the post in question even after faring well in the tests conducted.

"I have learnt that I have not been able to make the cut on account of the fact that I am a transgender and the vacancies in the cabin crew were earmarked only for women," Shanavi said.

She cited a Supreme Court judgment of April 2014 - which has recognised the rights of transgender as a third gender, to bolster her case.

In a historic judgment, paving the way for lakhs of transgenders to join the mainstream, the Supreme Court had granted legal recognition to the community.

Upholding their demand for treatment at par with male and females, the court had directed the central and state governments to treat people belonging to the transgender community as "socially and educationally backward classes". The court had also ordered the government to provide them reservation in educational institutions and jobs.

"Issue a writ or direction in the nature of a mandamus directing the respondents (Air India and Civil Aviation Ministry) to consider the candidature of the petitioner for the post of Cabin crew in Air India", the prayer in Shanavi's petition said.

"The Transgender Persons (Protection of Rights) Bill, 2016 prohibits discrimination. It is clear that no person shall discriminate against a transgender person in relation to employment or occupation," her plea said.

The right to chose one's gender identity is an essential part to lead a life with dignity which again falls under the ambit of Article 21. Determining the right to personal freedom and self determination, SC had observed that the gender to which a person belongs is to be determined by the person concerned.

"SC has given the people of India the right to gender identity. Further, they cannot be discriminated against on the ground of gender as it is violative of Articles 14, 15, 16 and 21", the plea said.

The case comes close on the heels of sacking of a male sailor by Navy after he underwent sex change and Delhi High Court asking Navy to consider giving her a alternate job terming it an "out of the box situation".

Calling for a change in mindset, the bench had said, "Here is an opportunity to look at it from a different perspective. It is an out of the box situation. It maybe a first of its kind situation."

"Here is a person struggling with gender identity. Had she suppressed the condition and continued, it would have been dangerous. It could have been fatal."

"Think about it and come back," the bench said and listed the matter for further hearing on November 23.