New Delhi: The Delhi High Court has pulled up the Central Government for leaving 20 posts in the Indian Air Force (IAF) unfilled despite qualified women clearing the National Defence Academy (NDA) examination.
A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla ruled that unreserved seats cannot be restricted to men and directed the immediate appointment of a woman candidate.
Bench Rejects Gender-Skewed Interpretation
The Court held that the Union Public Service Commission (UPSC) notification for NDA II 2023 could not be read to imply that 90 out of 92 vacancies in the Air Force’s ‘Flying’ branch were reserved for men.
It clarified that, apart from two posts earmarked for women, the remaining 90 were open to both genders. The judges stressed that candidates needed only a valid “fit to fly” certificate to qualify.
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Immediate Appointment Ordered
Since 20 of those posts remained vacant, the Court directed authorities to appoint Archana, who ranked seventh in the women’s merit list. She was granted parity in all service benefits, including seniority, with the 72 already appointed candidates.
The Court underlined that leaving the seats vacant despite qualified women being available violated the principle of equality.
Strong Stand Against Discrimination
Archana had approached the Court after her exclusion despite vacancies. Her counsel argued that since no men qualified for the unreserved posts, eligible women should be considered.
Agreeing with the argument, the Bench stressed that gender bias has no place in the armed forces. “We are, mercifully, no longer in those times in which discrimination could be made between male and female candidates,” the judges observed.
They further held that armed forces may prescribe qualifications, but once fixed, all eligible candidates must be treated equally. The Court warned against interpreting notifications in a gender-skewed manner, calling such practices “anachronistic” and urging authorities to adopt true gender neutrality.
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