Decide Plea For Including Women In Application For Indian Army, Navy & Air Force Through CDS Exam Within Eight Weeks: Delhi High Court To Centre

The Delhi High Court on Friday directed the Union Ministry of Defence to decide a plea seeking the inclusion of women candidates for recruitment in the Indian Military Academy, Indian Naval Academy and Air Force Academy through the Combined Defence Services (CDS) Examination.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the Union Government to decide the representation filed by Kush Kalra, in accordance with the law within eight weeks.

The court disposed of Kalra's plea challenging a notification issued by the Union Public Service Commission (UPSC) on December 20 last year.

The notification concerns recruitment in the Indian Military Academy (IMA), Indian Naval Academy (INA), Air Force Academy of the Indian Armed Forces (IAF) and Officers Training Academy (OTA) through the Combined Defence Services (CDS) Examination to be held on April 21.

The plea was filed as Kalra's representation was not responded to. It was his case that the impugned notification unjustifiably excludes females from appearing in the examination to be conducted for IMA, INA and IAF solely on the grounds of their gender.

It was submitted that the notification prohibits females from applying to IMA, INA and IAF, by mentioning that “Women candidates are being considered only for Short Service Commission at OTA. They should indicate OTA as the only choice”. “Now as the Ministry of Defense has removed its entry barrier for the females through the NDA examination and female candidates are being recruited with the number of vacancies increasing every year, there stands no grounds as to why the females are not recruited through the CDS examination for IMA, INA and IAF."

It added that the notification exclude eligible female candidates from the opportunity to get training at the premier Indian training institute of the Indian Armed Forces, which becomes a hurdle in their career advancement opportunities.

“The act of the Respondents to categorically exclude eligible and willing female candidates from appearing for the CDS Examination over the years, solely on the ground of sex, is a violation of the Fundamental Right of Equality before the Law and Equal Protection of the law,” the plea stated.

Title: Kush Kalra v. Union of India & Ors.

Citation: 2024 LiveLaw (Del) 500