Women can take NDA exam, says Supreme Court; slams army mindset

It's a policy decision, counters government; a case of gender discrimination, says top court

In a major step that shatters a thick glass ceiling, the Supreme Court on Wednesday allowed eligible women to take the National Defence Academy (NDA) entrance exam scheduled for 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 sought direction to the authorities concerned to allow eligible women candidates to appear for the NDA and Naval Academy examination and train at the academy at Khadakwasla, Pune. The bench also directed the Union Public Service Commission (UPSC) to issue 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 the court should not interfere with it.

The bench asked Additional Solicitor General Aishwarya Bhati why the government is 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 such as NDA, Indian Military Academy (IMA) and Officers Training Acad­emy (OTA), and that wo­men can join 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. “We tried but there was no success in the Permanent Commission matter either in the High Court or even in the Supreme Court till Justice Chandrachud passed the order,” the bench said.

The top court told Bhati that even if it was a matter of policy, the government was still allowing women’s entry through the two other avenues, then why not from the third. “It is not a case of just gender principle but it is a case of discrimination,” it said, adding that women officers are now admitted even in combat roles.

Bhati said that in the army women are granted permanent commission only in 10 streams, while in the air force they are admitted as fighter pilots. The bench observed that the mindset has to change, and that even during hearing of permanent commission before the high court, the government counsel had tried to persuade the army but it did not materialise. “The air force and navy have acted in a more liberal way. However, in the army you kept giving them a five-five years’ job and never gave permanent commission till the verdict of the Supreme Court. If you are introducing women in the army, then why do you create a bar in NDA,” the bench said.