Delhi HC directs Indian Air Force to appoint woman against unfilled NDA Flying branch vacancy

The Delhi High Court has directed the Centre to appoint a woman candidate to the Air Force Flying branch under the National Defence Academy (NDA) and Naval Academy Examination 2023, after finding that 20 vacancies were left unfilled despite eligible women being available.

The UPSC, which conducts the exam, had in the May 17, 2023 recruitment notification advertised 92 vacancies for the Air Force Flying branch, including two earmarked for women.

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A bench of Justice C. Hari Shankar and Justice Om Prakash Shukla, however, ruled that the 90 vacancies notified by the UPSC, apart from the two reserved for women, cannot be considered earmarked only for male candidates.

“They were vacancies which were open to female as well as male candidates,” the court said. In light of decisions of the Supreme Court on the aspect of gender neutrality, interpretation of advertisement or notification in a manner which would be gender skewed was “not permissible”, it remarked.

The court’s decision came while adjudicating a petition by a woman candidate who had cleared all stages of the selection process and was in possession of the mandatory “fit to fly” certificate.

Advocate Sahil Mongia, representing the woman, argued that though she ranked seventh on the women’s merit list, she was denied appointment as only two vacancies were kept open for women candidates.

Mr. Mongia argued that of the 90 remaining vacancies, only 70 were filled by male candidates, leaving 20 vacancies unfilled, which could be filled by eligible woman candidates.

On the other hand, the Centre submitted that the 20 unfilled vacancies would not go waste, as any shortfall in induction of officers through one mode of recruitment to the IAF is compensated through other modes such as the Air Force Common Admission Test (AFCAT) and the Combined Defence Services (CDS) examination.

The court noted that such a view contradicted the notification itself, which clearly stated that the government “strives to have a workforce which reflects gender balance and women candidates are encouraged to apply”.

“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 court observed.

The court further pointed out that the notification “does not state that 90 vacancies were reserved for male candidates and two were reserved for female candidates. Indeed, were it to so state, the stipulation might have been vulnerable to challenge on the ground of being gender skewed”.