The Supreme Court on Wednesday in an interim order has allowed women to take the National Defence Academy (NDA) exam scheduled for September 5.
The apex court has also slammed the Indian Army for the decisions that are based on "gender discrimination".
A Bench of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy ordered that female candidate can sit for the NDA exam on September 5 but the admissions will be subject to the outcome of the petition.
The Bench posted the matter for hearing on September 8 and asked the Union Public Service Commission (UPSC) to advertise the court's order widely.
As Additional Solicitor General Aishwarya Bhati appearing for the government and Indian Army told the Bench that it's a policy decision not to allow women to take the NDA exam, the Bench said that this policy decision is based on "gender discrimination".
"It's a policy decision which is based on gender discrimination. We direct the Centre and Army to take a constructive view of the matter…," the Bench said expressing displeasure on "regressive mindset".
As the ASG said there are three modes of entry in the Army- NDA, Indian Military Academy (IMA), and Officers' Training Academy (OTA) and that women are permitted entry through OTA and IMA. To which the Bench asked why women's entry is allowed only through two sources.
"And even if it is a matter of policy, you are allowing women's entry through two sources. Why should you say the one more additional source of entry is closed for women? It is not just a gender principle but discriminatory otherwise also," it added.
Don't compel judicial intervention all the time, said the apex court while slamming the Indian Army for not giving opportunities to women.
"How can you continue to plead the same thing… This has been my impression right from the High Court that till a judgment is passed, the Army doesn't believe in doing anything voluntarily. It's like Army will act only when judicial orders will be passed," observed Justice Kaul.
The Bench added, "It's a question of mindset which is not changing. That's why despite so many opportunities in the Supreme Court and High Court, we couldn't persuade the government. Every time the order has come from the court, it has expanded the scope."
We are permitting the girls who have approached the court to sit for the NDA examination because we will be considering the larger issue, it said further while giving interim order.
When the ASG Bhati sought to submit that women have been conferred Permanent Commission in the Army, Justice Kaul remarked, "You (Army) kept on opposing it and till orders were not passed, you didn't do anything. The Navy and the Airforce are more forthcoming. The Army seems to have a bias to not implement."
The court's order came on a plea seeking directions to allow eligible female candidates to join the NDA and the Indian Naval Academy (INA) at par with the men.
The plea filed by advocate Kush Kalra stated that denial of opportunity to women candidates to enrol at the NDA is violative of Articles 14, 15, 16, and 19 of the Constitution.
