18 Aug 2021 6:20 AM GMT
The Supreme Court on Wednesday passed interim order to allow women to take the admission exam to National Defence Academy(NDA) scheduled for September 5. The result would be subject to final adjudication of the petitionsA division bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order in a writ petition filed by Kush Kalra seeking permission for women...
The Supreme Court on Wednesday passed interim order to allow women to take the admission exam to National Defence Academy(NDA) scheduled for September 5. The result would be subject to final adjudication of the petitions
A division bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order in a writ petition filed by Kush Kalra seeking permission for women candidates to appear for the NDA exam.
The UPSC is also directed to take out a suitable corrigendum notification in view of the aforesaid order and "give due publicity so that intent of the order is translated into effect".
Court room exchange
The present public interest petition raises the issue of violation of Articles 14, 15, 16 and 19 of the Constitution of India by denying the opportunity to eligible and willing female candidates to join the National Defence Academy and afford them a chance to enrol, train and develop themselves in the National Defence Academy into future leaders of the Indian Armed Forces.
According to the petitioner, the eligible and willing female candidates are being denied the opportunity of entry to the National Defence Academy on the basis of their sex, thereby systematically and categorically excluding eligible female candidates the opportunity to train at the premier joint training institute of the Indian Armed Forces which, at a later point of time, becomes a hurdle in the career advancement opportunities for Female Officers in the Armed Forces.
The plea has stated that the act of the respondents to categorically exclude eligible and willing female candidates from appearing for the National Defence Academy and Naval Academy 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 categorical exclusion of eligible female candidates from entering the National Defence Academy is not constitutionally justifiable and is simply done on the basis of their sex. However, the Supreme Court in the matter of Secretary, Ministry of Defence v. Babita Puniya and Ors., clearly observed that the gender roles or the physiological features of a woman have no significance to her equal entitlements under the Constitution of India.
"The eligible female candidates having adequate 10+2 level of education are denied the opportunity to take the National Defence Academy and Naval Academy Examination on the ground of their sex and the consequence of this denial is that at the 10+2 level of education, the eligible female candidates do not have access to any mode of entry to join the Armed Forces as Officers. Whereas, equally and similarly situated male candidates with 10+2 level of education have the opportunity to take the Examination and after qualifying join the National Defence Academy to get trained to be commissioned as Permanent Commissioned Officers in the Indian Armed Forces. This is a clear violation of the Fundamental Right to Equality of Opportunity in Matters of Public Employment and the Fundamental Right to Protection from Discrimination by the State on the Ground of Sex in Respect of any Employment or Office under the State." the plea states.
The petitioner was represented by Senior Advocate Chinmoy Pradip Sharma, along with Advocates Mohit Paul, Sunaina Phul and Irfan Hasieb.
Case Title : Kush Kalra v. Union of India WP(c) 1416/2020
Click here to read/download the order