Delhi High Court directs Defence Ministry to decide plea to include women in Armed Forces through CDS exam

The Delhi High Court on Friday ordered the Union Ministry of Defence to decide in eight weeks the plea demanding that women should be allowed to join the Indian Army, Navy and Air Force through Combined Defence Services (CDS) exams..A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora disposed of the plea by filed by Advocate Kush Kalra with this direction. Kalra had made a representation before the Central government on December 22, 2023.Though Kalra's lawyer asked that the petition may be kept pending till the government decides his representation, the Court said that the government should decide the case without the "sword of the petition hanging over its head.".Central Government Standing Counsel (CGSC) Kirtiman Singh told the Bench that the government is gradually taking steps for inclusion of women in the Armed Forces. "We have done in the NDA. The grievance is that it should be done this year. This year, the cadre allocation has already been done. I am sure it [introduction of women in Army, Navy and Air Force through CDS] will also be done. But I can't make a statement that it will be done straightaway," Singh said..The Court then disposed of the plea and ordered the Central government to dispose of Kalra's representation within eight weeks. "Writ petition is disposed of with direction to Defendant No. 2 to decide petitioner's representation dated December 22, 2023 in accordance with law in 8 weeks," the Court ordered..The petition was filed by advocate Kush Kalra stating that the Union Public Service Commission (UPSC) invited applications for recruitment in the Indian Military Academy (IMA), Indian Naval Academy (INA), and Air Force Academy (AFA) of the Indian Armed Forces (IAF) and Officers Training Academy (OTA) through the CDS exams to be held on April 21, 2024.Kalra contended that the notification unjustifiably excludes females from appearing in the exams to be conducted for IMA, INA and AFA solely on the grounds of their gender.He said that the notification prohibits females from applying to IMA, INA & IAF, by stating that women are being considered only for the Short Service Commission (SSC) at OTA..At present, the Ministry of Defence conducts two exams for recruitment of candidates into the IMA, INA and the AFA. One is the National Defence Academy (NDA) exams which is for candidates who have passed Class XII and exams and the other is CDS which is for candidates who are graduates.Earlier, recruitment of female candidates into the Indian Military Academy (IMA), the Indian Naval Academy (INA) and the Air Force Academy (AFA) was not allowed either through the NDA or the CDS. However, after Supreme Court orders, women can now join the NDA at par with men.Kalra argued that even though women are joining the defence forces through the NDA, the practice in CDS is still discriminatory. “This exclusion of eligible female candidates from the opportunity to get training at the premier Indian 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 said.It added,“The Respondents allow the unmarried male candidates having adequate Degree to take the CDS Examination and join Indian Military Academy, Indian Naval Academy and Air Force Academy. However, eligible and willing female candidates are not allowed to take the same Examination on the sole ground of their sex and without any reasonable or justifiable explanations within the four corners of the Constitution and this act of discrimination is a dishonour committed by the Respondents to the Constitutional values of Equality and Non-Discrimination.”