New Delhi, Aug 18: The Supreme Court on Wednesday in an interim order has allowed women to take the National Defence Academy (NDA) exam scheduled for September 5. A Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy ordered those female candidates can sit for the NDA exam on September 5 but the admissions will be subject to the outcome of the petition.
The Bench posted the matter for hearing on September 8 and asked the Union Public Service Commission (UPSC) to advertise the court's order widely. The top court directed the government and Army to take a "constructive view" for not allowing women to take part in NDA exams.
As Additional Solicitor General Aishwarya Bhati appearing for the government and Indian Army told the Bench that it's a policy decision not to allow women to take the NDA exam, the Bench said that this policy decision is based on "gender discrimination". "It's a policy decision which is based on gender discrimination. We direct the Centre and Army to take a constructive view of the matter...," the Bench said expressing displeasure on "regressive mindset".
As the ASG said there are three modes of entry in the Army- NDA, Indian Military Academy (IMA) and Officers' Training Academy (OTA) and that women are permitted entry through OTA and IMA. To which the Bench asked why women's entry is allowed only through two sources. "And even if it is a matter of policy, you are allowing women's entry through two sources. Why should you say the one more additional source of entry is closed for women? It is not just a gender principle but discriminatory otherwise also," it added.
The Supreme Court was hearing a petition filed by lawyer Kush Kalra which sought a direction to the concerned authorities to allow eligible female candidates to appear form examination and train at the NDA. Kalra said in his plea that the categorical exclusion of eligible female candidates from entering the National Defence Academy is not constitutionally justifiable and is simply done on the basis of their sex.
He referred to the February last year landmark verdict in which the apex court had directed that women officers in the Army be granted permanent commission and command postings.
The Centre, meanwhile, told the court on Tuesday that women are being granted equal opportunity in the armed forces and there is no violation of any fundamental right. In an affidavit, the Centre said that the NDA is only one of the various modes of entries for recruitment in the armed forces, pointing out that in the Army, on an average 1,470 officers are commissioned which includes 670 officers from Indian Military Academy (IMA) and NDA apart from Officers Training Academy (OTA) where both men and women officers are commissioned through UPSC and non-UPSC modes.
Apart from this, on an average, 453 officers (men and women) are commissioned as Short Service Commissioned officers through SSC (Non-Technical) and SSC (Technical) through UPSC.