Delhi HC seeks centre, UPSC reply on plea over women barred from defence exams

Petition says that UPSC’s May 28 advertisement restricted women from applying to Indian Military Academy (IMA); Indian Naval Academy (INA); and Air Force Academy (AFA)

New Delhi: The Delhi High Court on Wednesday directed the Centre and the Union Public Service Commission (UPSC) to file their response in connection with a petition challenging UPSC’s decision barring women from applying to military academies through the Combined Defence Services (CDS) examination.

The notification only permits women to apply for Chennai’s Officers Training Academy in the Short Service Commission (SSC) course. (Dheeraj Dhawan/Hindustan Times)

A bench comprising chief justice D.K. Upadhyay and justice Tushar Rao Gedela were hearing a petition filed by Kush Kalra.

Kalra said in his petition that UPSC’s May 28 advertisement for the CDS-II Examination 2025, which restricted women from applying to three of the four service branches — the Indian Military Academy (IMA), Dehradun; Indian Naval Academy (INA), Ezhimala; and Air Force Academy (AFA), Hyderabad — was arbitrary and violative of the fundamental right to equality and profession.

The notification only permits women to apply for Chennai’s Officers Training Academy in the Short Service Commission (SSC) course.

Kalra, in his plea argued by advocate Jyotika Kalra, highlighted the inconsistency between the exclusion and the government’s own statement in the same notification, which claimed it “strives to have a workforce which reflects gender balance and women candidates are encouraged to apply.”

Such a contradiction, Kalra said, exposes a systemic and discriminatory barrier that undermines the rights of aspiring women candidates and runs counter to constitutional principles and the Supreme Court’s 2020 ruling on permanent commission.

The Supreme Court, while allowing permanent commission to women officers in the Army, had ruled that restricting the appointment of women to command positions was unconstitutional in February 2020.

The Centre, in September 2021, after the Supreme Court’s nudge, had informed the court about its decision to induct females into the National Defence Academy (NDA). However, the top court in January 2022 demanded an explanation from the union government on restricting the intake of women cadets in the upcoming session of the NDA to 19 — the same as the previous year.

Citing the example of Col Sofyia Qureshi, one of the two women officers who briefed the media after India’s execution of Operation Sindoor, Kalra in his petition asserted that denying entry to women through CDS would deprive the country of such officers.

“This exclusion of women candidates from the opportunity to get employed through CDS becomes a hurdle in the career advancement opportunities for women officers in the armed forces. The categorical exclusion of women candidates from applying for the CDS examination and getting selected for IMA, AFA and INA solely on the grounds of sex, without any reasonable or justifiable explanations is a violation of the fundamental right to equality,” the petition said.

Kalra further said that even though the High Court in April last year had directed the Centre to take a call on entry of women in CDS within eight weeks, no decision has been taken until now.

The next hearing is scheduled for November 12.