Supreme Court allows women to appear in NDA examination, asks UPSC to issue notification

Satya Prakash
Tribune News Service
New Delhi, August 18

The Supreme Court on Wednesday allowed women candidates to appear for National Defence Academy (NDA) entrance exam scheduled on September 5, saying debarring them amounted to gender discrimination.

In an interim order, a Bench led by Justice SK Kaul, however, clarified that the results will be subject to the final outcome of the petition.

It also directed the Union Public Service Commission to issue an appropriate notification taking into account its order and give it due publicity.

The court wondered why the government was continuing in this direction even after its 2020 verdicts extending permanent commission in the Army and Navy to women.

“If you are introducing women in the Army then why do you create a bar in NDA,” the Bench told Additional Solicitor General Aishwarya Bhati, adding the government shouldn’t always invite judicial interventions.

“This is unfounded now. We are finding it absurd. Will the Army act on after the judicial orders are passed? We will then pass an order, if that is what you want. I have this impression right from the High Court that till an order is passed, the Army does not believe in doing anything voluntarily,” the Bench said.

As Bhati said the Army has conferred Permanent Commission to many women, the Bench shot back, “You had kept on opposing it till the orders were passed by this court. You didn’t do anything on your own. The Navy and Air Force were more forthcoming while the Army seems to have some kind of bias”.

Bhati said there were several modes of entry into the Army like NDA, Indian Military Academy (IMA) and Officers Training Academy (OTA) and women can enter into the force through OTA and IMA.

“Why is it not through NDA? Is co-education a problem?” it asked.

As Bhati said it was a policy decision not to allow in NDA, the Bench said the policy decision was based on gender discrimination.

“It is not just a case of gender principle but it’s a case of discrimination,” the Bench said, adding women officers were now admitted even in combat roles.

The Centre should take a constructive view of the matter in view of the top court’s judgements, the Bench said.

On behalf of petitioner Kush Kalra, senior advocate Chinmoy P Sharma contended that denying women the opportunity to be part of NDA violated their fundamental right to equality, right to non-discrimination and right to practise any occupation, trade business or profession guaranteed under the Constitution.

Kalra had sought a direction to the authorities concerned to allow eligible female candidates to appear in the ‘National Defence Academy and Naval Academy Examination’ and train at the NDA in view of the 2020 landmark verdict granting Permanent Commission and command postings to women in the Army.