SC allows women to appear in NDA exam
New Delhi: In a major step towards gender equality, the Supreme Court on Wednesday allowed eligible women to take the examination for admission to National Defence Academy (NDA) scheduled to be held on September 5.
The top court, however, said that the result of the examination would be subject to final adjudication of the petition.
A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order on a plea filed by one Kush Kalra, which has 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.
The bench also directed the Union Public Service Commission (UPSC) to take out an appropriate notification in view of its order and give due publicity to it.
During the hearing, senior advocate Chinmoy Pradip Sharma, appearing for Kalra, said they have received the Centre's counter affidavit on Tuesday in which the government has stated that it is purely a policy decision and court should not interfere with it.
The bench told Additional Solicitor General Aishwarya Bhati that why is the government continuing in this direction after the verdicts of this court related to extending permanent commission in the Army and Navy to women.
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.
Bhati said the Army has conferred Permanent Commission (PC) to many women.
The bench said, "You had kept on opposing it (PC) till the orders were passed by this court. You did not do anything of your own. The Navy and Air Force were more forthcoming while the Army seems to have some kind of bias."
Bhati said that in this case there are 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.
The bench said, Why is it not through NDA. Is co-education a problem? Bhati said that this is a policy decision that women are not allowed in NDA. The top court told Bhati that this policy decision is based on gender discrimination.
It said, We direct the respondents (Centre) to take a constructive view of the matter in view of the judgements of this court. Bhati said that she herself had argued the PC matter and appeared for women Short Service Commission officers, who were seeking grant of the PC.
The bench said its endeavour is to persuade the Army to do things by itself rather than on the basis of judicial orders.
