New Delhi: The Delhi high court has criticised the Union government for keeping as many as 20 posts in the Flying Branch of the Indian Air Force (IAF) vacant even though there are competent women candidates to fill those posts. 

The Union Public Service Commission (UPSC) had conducted the National Defence Academy (NDA) examination on May 17, 2023, advertising to fill 92 vacancies in total, of which two of the ‘flying’ posts were reserved for women candidates. 

A division bench of Justice C. Hari Shankar and Om Prakash Shukla, on August 25, said that even though two posts were mentioned to be reserved for women in the flying wing of the IAF, nowhere was it said that the rest of the 90 vacancies were reserved for men. 

“The 90 vacancies notified by the notification dated 17 May 2023 issued by the UPSC, apart from the 2 vacancies earmarked for female candidates, cannot be regarded as earmarked for male candidates. They were vacancies which were open to female as well as male candidates. In other words, out of a total number of 92 vacancies, 2 vacancies were earmarked for female candidates. The remaining vacancies were not earmarked either for female or male candidates but were open to everyone,” the court held in its order.

The court was hearing a petition filed by a woman candidate who had cleared the fit to fly certificate but was not recruited as the two posts reserved for women were already filled. 

A Bar and Bench report said the court “noted that the only stipulation for the 90 unreserved seats was that candidates qualifying must have a fit to fly certificate. Therefore, it ordered the Central government to appoint a woman ranked seventh in the women’s merit list to one of the 20 vacant positions.”

“Resultantly, the respondents are directed to appoint the petitioner, forthwith, against one of the unfilled 20 Air Force (i) Flying vacancies relating to the Examination Notification dated 17 May 2023. She would be entitled to be treated at par, for all service benefits including seniority and other associated benefits, with the 70 male and 2 female candidates who have been selected and appointed,” the court ordered.

Since it was argued that with no qualified male candidates found, 20 of the 90 unreserved vacancies remained unfilled, the petitioner had contended that since no eligible men were found to fill those posts, it is “incumbent on the government to fill them by eligible women candidates.” 

Agreeing to that contention of the petitioner, the division bench said, “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.”

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