The Delhi High Court has directed the Central government to decide within eight weeks on a petition 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.
The order was passed by the Division Bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora.
Disposing of the petition filed by Kush Kakra, the High Court directed the Ministry of Defence to decide on the representation, in accordance with the law.
The petition challenged the notification issued by the Union Public Service Commission (UPSC) on December 20, 2023 regarding recruitment in the Indian Military Academy (IMA), the Indian Naval Academy (INA), the Air Force Academy of the Indian Armed Forces (IAF), and the Officers Training Academy (OTA) through the Combined Defence Services (CDS) Examination to be held on April 21.
The petitioner contended that the impugned notification unjustifiably excluded females from appearing in the examination to be conducted for IMA, INA and IAF solely on the grounds of their gender.
It said the notification prohibited females from applying to IMA, INA and IAF by mentioning that women candidates were being considered only for Short Service Commission at OTA. They should indicate OTA as the only choice.
The petition contended that now as the Ministry of Defense has removed its entry barrier for the females through the NDA examination and female candidates were being recruited with the number of vacancies increasing every year, there stood no grounds as to why the females were not recruited through the CDS examination for IMA, INA and IAF.
The notification excluded eligible female candidates from the opportunity to get training at the premier Indian training institute of the Indian Armed Forces, which became a hurdle in their career advancement opportunities, added the plea.
It said 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, was a violation of the Fundamental Right of Equality before the Law and Equal Protection of the law.