MANISH KUMAR GIRI ALIAS SABI GIRI vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 05.08.2025 Judgment pronounced on: 26.09.2025 + W.P.(C) 9535/2017 & CM APPL. 38755/2017 MANISH KUMAR GIRI ALIAS SABI GIRI .....Petitioner Through: Mr. Trideep Pais, Sr. Adv with Ms. Amritananda Chakravorty, Mr. Mihir Samson, Ms. Shreya Munoth, Ms. Sitamsini Cherukumalli, Ms. Saloni Ambastha, Ms. Sakshi Jain and Mr. Pradip Kumar Singh, Advs. versus UNION OF INDIA AND ORS. ....Respondents Through: Mr. Chetan Sharma, ASG with Mr. Piyush Beriwal, Ms. Ruchita Srivastava, Mr. Amit Gupta, Mr. Vidur Dwivedi, Advs. with Mr. Naman, Commander Akarshan. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA % JUDGMENT 26.09.2025 OM PRAKASH SHUKLA, J. 1. The present petition has been filed seeking omnibus relief(s), which includes quashing and setting aside of the order dated 04.10.2017, whereby the petitioner has been discharged from his services from the Indian Navy. Further, consequential relief of reinstatement with full back wages and quashing of the decision of his placement in a low medical Signature Not Verified Signed By:PREETI WP(C) 9535/2017 Page 1 of 22 Signing Date:26.09.2025 14:30:14 category, production of service record, direction to frame policy for recruitment, enrolment & conditions of service of transgender, compensation etc. has also been sought in the present petition. 2. However, the first relief sought by the petitioner is in the nature of a challenge to the constitutional validity of Section 9 of the Navy Act, 19571 and Regulations 261, 268, 269, 278, and 279 of Navy Regulation (Part III) and similar other regulations of like nature. These reliefs have been sought to declare them as void and unconstitutional to the extent they do not recognise the identity of transge