Gender Equality at the Forefront
The Delhi High Court has delivered a landmark ruling that reinforces the principle of gender equality in the Armed Forces. In a judgment passed by a bench of Justices C Hari Shankar and Om Prakash Shukla, the court directed the central government to appoint a woman candidate to the Indian Air Force (IAF) flying branch, after finding that 20 of the advertised posts had remained unfilled.
The court held that there was “no room for bias” in matters of recruitment and emphasised that discrimination on the basis of gender has no place in modern society, particularly within institutions like the Armed Forces.
The Petitioner’s Stand
The case was initiated by a woman candidate who had appeared for the National Defence Academy and Naval Academy Examination conducted by the Union Public Service Commission (UPSC) in 2023. She secured the seventh rank among female candidates.
According to the UPSC’s May 17, 2023 notification, 92 flying vacancies were advertised in total, with two specifically earmarked for women. After results were declared, both women’s seats were filled. Out of the remaining 90 seats, only 70 were occupied, leaving 20 vacancies unallocated.
The petitioner argued that the 90 vacancies were not categorically reserved for men. She maintained that since the notification did not explicitly state that those positions were for male candidates only, women were equally eligible to fill them.
Centre’s Argument and Court’s Response
The Centre, represented by its counsel, claimed that the 90 posts were intended exclusively for men and that any adjustment to allow more women through the NDA route would reduce opportunities under the Air Force Common Admission Test (AFCAT). The government contended that the recruitment process is multi-pronged, with AFCAT and the Combined Defence Services Examination (CDSE) also serving as entry points for female aspirants.
The bench, however, dismissed the government’s contention as “untenable.” The judges noted that the UPSC notification had not categorically stated that the 90 vacancies were reserved for men. They clarified that the vacancies, except for the two earmarked for women, were open to both genders.
“The distinction between male and female has, in the present time, been reduced to nothing more than a chance chromosomal circumstance,” the bench observed. “Ascribing to it any greater relevance would be illogical as well as anachronistic.”
Court’s Directive
In its 12-page order, the court directed the Centre to appoint the petitioner against one of the 20 flying vacancies. The judgment stated that she would be entitled to the same treatment and benefits as her male and female counterparts who were already selected.
The court stressed that unfilled vacancies should have been offered to women candidates who ranked below the two initially selected female entrants. By failing to do so, the Centre had unjustly restricted opportunities on the basis of gender.
A Step Toward Inclusivity
The bench also took the opportunity to highlight the changing ethos of Indian society and institutions. “We are, mercifully, no longer in those times in which discrimination could be made between male and female candidates so far as entry into the Armed Forces – or, for that matter, anywhere else – is concerned,” the judges stated.
With a sharp reminder, the court added, “It is time to adopt a somewhat pedestrian adage, that one wakes up and smells the coffee.”
Broader Implications
The ruling marks another significant step in dismantling structural barriers against women in the defence services. Over the past decade, the Supreme Court and various High Courts have consistently emphasised equal opportunity for women, whether in granting Permanent Commission or opening up roles previously restricted to men.
By holding the Centre accountable, the Delhi High Court’s judgment sends a strong message that policies and practices must be transparent and inclusive. It not only impacts the petitioner’s career but also sets a precedent for future recruitment processes across the Armed Forces.
Conclusion
The Delhi High Court’s directive is more than just an individual victory—it reflects a progressive judicial stance on gender equality. It reiterates that opportunities in the Armed Forces should be defined by merit, not by gender. This verdict is expected to influence recruitment policies going forward and ensure that no deserving candidate is denied a fair chance due to outdated perceptions of gender roles.
