SC Passes Interim Order Allowing Women To Appear For NDA Exam

SC Passes Interim Order Allowing Women To Appear For NDA Exam

The Supreme Court on Wednesday passed an interim order to allow women to take the admission exam to National Defence Academy (NDA), even as the Centre said women cannot claim violation of any fundamental right for being denied entry as the male cadets trained there do not have any automatic advantage in future career advancement prospects over the women whose only route to enter the Army is by recruitment through short service commission.

The result would be subject to final adjudication of the petitions. A division bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy passed the interim order in a writ petition filed by Kush Kalra seeking permission for women candidates to appear for the NDA exam.

While issuing the order, the court criticised the Army for not permitting women to take part in the NDA exam. When the Army’s counsel submitted that it is a policy decision, the top court said that the said policy decision was based on “gender discrimination".

The present public interest petition raises the issue of violation of Articles 14, 15, 16 and 19 of the Constitution of India by denying the opportunity to eligible and willing female candidates to join the National Defence Academy and afford them a chance to enrol, train and develop themselves in the National Defence Academy into future leaders of the Indian Armed Forces.

Additional Solicitor General Aishwarya Bhati, representing the Centre, argued that it is a policy decision of the government. Disagreeing with Centre's contention, a bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy observed, "This is a policy decision based on gender discrimination...respondents (Centre), must take a constructive view."

The top court also pulled up the Army for resisting opportunities to women, and asked it to change its attitude and not wait for judicial orders to be passed in such matters.

Candidates will be selected on the basis of their performance in written examination to be conducted by the Commission followed by intelligence and personality test by the Services Selection Board of candidates who qualify in the written examination.

The written examination will be held for two subjects - Mathematics and General Ability Test. Both papers will be of two and half hours. Mathematics paper will be of 300 marks and General Ability Test will be of 600 marks.