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A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh today directed the centre to file a reply to affidavit filed by petitioners seeking higher intake of women cadets in Army, Navy and Airforce. The matter pertains to permanent commission for women in the Indian armed forces.

The petitioner filed an affidavit stating that in the NDA I-2022 examinations the intake of women candidates is restricted to 19, the same number as last year.

Chinmoy Pradip Sharma, Senior Advocate, appearing for the petitioner submitted that as per the NDA II-2021, of the 208 candidates recruited 10 women were recruited in the Army, three in the navy and 6 in the air force totalling to 19.  He submitted that as per the notice for examination which is to be held on 10th April 2022 , the number of women candidates sought to be recruited are the same and has not been changed. He argued that more women candidates need to be recruited and that the notice is contrary to the stand taken by the centre before the court wherein they had said that the facilities for women candidates will be ready by June 2022.

Aishwarya Bhati, ASG, appearing for the centre submitted that as per her instructions the intake is not purely based on the readiness of the academy but also based on the requirement of the forces. She further sought time to file a detailed affidavit in this regard.

The court on hearing the submissions of the parties granted a time of 3 weeks to the centre to file an affidavit and further 2 weeks time for the petitioners to file a rejoinder. The matter will now come up for hearing on 6th March. The court further asked the ASG the examine the stand of academies such as RIMC and RMS in this regard.

On August 18 2021, the Top Court had allowed women candidates to appear for NDA exam, scheduled for September 5, 2021. 

The bench had then called out the policy of not allowing women in NDA - gender discriminatory.

It was informed by the Ld. ASG Ms. Bhati that there are three routes to enter Defence Services - National Defence Academy, Indian Military Academy and Officers Training Academy - out of which women are permitted in IMA and OTA.

To this the Court said that a more constructive approach of the judgment in Permanent Commission, authored by Justice Chandrachud, should be adopted by the Union Govt. 

Case title: Kush Kalra Vs Union of India