Delhi HC directs Centre to decide plea challenging exclusion of women in CDS examination

New Delhi [India], April 26 : The Delhi High Court on Friday directed the Centre through the Ministry of Defence and others, to decide the plea challenging a notification recently issued for the recruitment which excludes females from appearing in the examination to be conducted for IMA, INA and IAF solely on the grounds of their gender.
Petitioner Kush Kalra, through a plea, stated that the notification issued for the recruitment unjustifiably excludes females from appearing in the examination to be conducted for IMA, INA and IAF solely on the grounds of their Gender.
The Union Public Service Commission (UPSC) has invited applications related to the Ministry of Defence on December 20, 2023, for graduates. Notification is for 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). The examination was held on April 21, 2024.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora, after noting the submissions, directed the Ministry of Defence to decide a representation demanding that women should be allowed to join the Indian Army, Navy and Air Force through CDS exams within 8 weeks.
Kush Kalra through a plea, stated that the notification for the CDS exam dated December 20, 2023 explicitly states, "government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply."
However, contradictory to what they advertise, it prohibits females from applying to IMA, INA and IAF, by mentioning in point (b) (ii) on page 5: "Women candidates are being considered only for Short Service Commission at OTA. They should indicate OTA as the only choice, it added.
There are two examinations conducted by the Ministry of Defence for the recruitment of candidates into the IMA, INA and IAF, one is the National Defense Academy (NDA) the other is CDS. NDA is for candidates who have passed the 12th class (Intermediate) examination and CDS is for candidates who are graduates.
"The recruitment of female candidates into the IMA, INA, and IAF was not allowed either through the. NDA examination or through the CDS examination until August 18, 2021," the plea added.
The Supreme Court in the writ petition, titled "Kush Kalra vs. UOI," vide order dated August 18, 2021, issued directions permitting women candidates to take part in the examination scheduled for September 5, 2021. The relevant portion is reproduced: "We consider it appropriate to issue interim directions permitting the women candidates to take part in the examination scheduled for September 5, 2021."
The armed services themselves took a decision to induct females into the NDA, and as a result of the same, the Supreme Court also expressed its gladness vide order dated September 8, 2021, "We are extremely glad to note as per the submission of Additional Solicitor General that the Armed Services themselves have taken a decision for induction of females into the NDA and other linked issues have been examined or are being examined. She would like to place the developments along with future plans before us for which she seeks some time. The same will be filed by September 20, 2021."