Additional Solicitor General w Shabriya Bhati, representing the Center, argued that it was a policy decision of the government. Disagreeing with the Centre’s debate, the bench comprising Justice Sanjay Kisan Kaul and Justice Hrishikesh Roy observed, “This is a policy decision based on gender inequality … Respondents (Center) must take a constructive approach.”
The apex court also pulled out the army to curb women’s opportunities and told them to change their attitude and not wait for a judicial order to be issued on such matters.
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The apex court has directed that women can sit for the examination for entry into the NDA, which is 5 September. The bench noted, “Bars cannot be created for women in the NDA.”
Senior Advocate Chinmoy Pradeep Sharma, representing petitioner Kush Kalra, said that the next round of examination is on September 5.
In a new application, the petitioner mentioned that the UPSC had issued a notice on June 9, 2021 announcing the date of admission test in the Army, Navy and Air Force branches of the NDA.
“It is further submitted that the aspiring female candidates will be irreparably harmed if the notification issued by the respondent No. 4 (UPSC) is not suspended as the examination will be held on 05.09.2021.”
The application states that the notification of examination is a complete violation of Articles 14, 15, 16 and 19 of the Constitution. It is mentioned in the notice that the condition of eligibility for the examination is clearly mentioned, the candidate must be unmarried male, which excludes eligible and willing female candidates.
The Supreme Court is hearing an application seeking directions from the National Defense Academy and the Naval Academy to take the necessary steps to participate in the examination and is undergoing training at the National Defense Academy. On March 10, a bench headed by then Chief Justice SA Bob issued a notice to the Center on the application.
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