Delhi HC issues notice to Centre, UPSC in plea moved by aspiring pilot

New Delhi [India], September 4 (ANI): In response to a plea from a woman aspiring pilot, the Delhi High Court expressed the hope that the top officials in the Indian Air Force will review why qualified women who are deemed fit for flying duties are not being commissioned, particularly when there are vacancies that male candidates have not filled.

A division bench of Justices Rekha Palli and Shalinder Kaur has recently issued notices to the Central Government, Union Public Service Commission (UPSC), Ministry of Defence, National Defence Academy (NDA) and Directorate of Personnel (Offrs) Air Headquarters on the petition filed by one Archana.

The matter has been listed on September 12 for further hearing.

The High Court is hearing a petition seeking a direction to the Respondents to permit the Petitioner to fill up the vacancy for the post of “Air Force (i) Flying” in terms of the Advertisement of May 17, 2023, as the candidature of the Petitioner is rejected for the post of “Air Force (i) Flying” despite more than 20 vacancies being available, purely on grounds of GENDER discrimination, as the Petitioner has otherwise been found to be “fit to fly” for all intents and purposes for the post of “Air Force (i) Flying”.

It is contended that the rejection of the candidature of the petitioner is purely out of discrimination on the grounds of gender which is unconstitutional and violative of the fundamental rights of the petitioner for no object which is sought to be achieved by the respondents, since, female candidates are even otherwise being permitted to fly since a woman feels as keenly and thinks as clearly, as a man and neither is above the other or under the other. They are equals.

“While adjourning the matter, we hope that the highest authority in the Indian Air Force will dispassionately examine this aspect and consider why competent women, who are found fit for flying duties cannot be commissioned when the notified vacancies could not be filled up by Male candidates,” the division bench said on August 30.

The petitioner has also sought direction to respondents for clarifying that the vacancies as listed in the Advertisement dated May 17, 2023, issued by the UPSC as it reads on page 4 does not mean to exclude female candidates from the vacancies as listed in the Advertisement of May 17, 2023, who are otherwise found to be eligible AND ‘fit to fly’ for all intents and purposes, more particularly for the post of “Air Force (i) Flying – 92 (including 02 for female candidates)” in terms of the Advertisement of May 17, 2023, is concerned.

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on May 17, 2023, has approached this Court with a grievance that even though a number of vacancies in the flying branch have remained unfilled, she is not being considered for the same on the ground that the vacancies earmarked for Female candidates have already been filled.

The High Court noted that the submission of counsel Sahil Mongia for the petitioner is that even though the petitioner had not challenged the advertisement issued by the respondents wherein a very small percentage of vacancies were reserved for female candidates in the Flying Branch, once some of the notified vacancies in the Flying Branch have remained unfilled, there is no reason as to why those vacancies cannot be filled up by commissioning competent woman like the petitioner, who has been found fit for being commissioned as a Pilot as per the rigorous tests conducted by the respondents themselves.

It is stated on May 17, 2023, the Respondent UPSC declared the Examination Notice of National Defence Academy and Naval Academy Examination (II), 2023 by UPSC for several posts including the post of “Air Force (i) Flying- 92 (including 02 for female candidates)”.

It is stated that on 03.06.2023 the Petitioner applied for the examination being conducted by UPSC in terms of the advertisement and was issued an online confirmation from the portal of UPSC.

On September 26, 2023, UPSC by way of a PRESS NOTE declared the result for the written part of the National Defence Academy and Naval Academy Examination (ii), 2023. The petitioner was declared successful, the plea stated.

Therefore, as much as the vacancy for the post of “Air Force (i) Flying” is concerned, there were no varying eligibility conditions for male and female candidates in any which way and no concession, whatsoever, was given to Female Candidates to qualify for the post of “Air Force (i) Flying”, the plea stated.

It is also a matter of fact and record that in as much as, the vacancy for the post of “Air Force (i) Flying” a MALE or FEMALE candidate need to be declared as fit to fly and admittedly the Petitioner was declared as Fit to Fly vide letter dt March 3, 2024 after having passed the CPSS examination, it added.

It is further stated that it is also a matter of fact and record that in addition to the above

scores, in as much as, the vacancy for the post of “Air Force (i) Flying” a male or female candidate need to be declared as FIT TO FLY and admittedly the Petitioner was declared as Fit to Fly through a letter dt March, 11, 2024 after having passed the CPSS examination.

However, despite the Petitioner having been declared FIT to FLY and despite there being no more than 70 MALE candidates to fill up the vacancies as cited in the Advertisement letter of 17.05.2023 issued by the UPSC on behalf of the Respondent NDA, the Petitioner who was otherwise found to be eligible for all intents and purposes has not been considered for the post of “Air Force (i) Flying” by the Respondents only because she was a FEMALE CANDIDATE.

On 31.07.2024 the Petitioner had sent representation(s) to several departments of the Respondents, more particularly to the Chief of Air Staff (CAS) whereby she had sought “To increase the allocated vacancies for female candidates in the Flying Branch of the Indian Air Force,” the plea stated.

It is also stated that on 12.08.2024, the Ministry of Defence replied to the representation of the Petitioner wherein thereby declining the request of the Petitioner by stating that “Vacancies published for female candidates in the official notification for NDA 152 course for Flying Branch were 02. Hence, a total of 2 female candidates were selected for the Flying Branch. The intake of female and male candidates in different branches of the Indian Air Force depends on organisational requirements and various cadre control mechanisms.”

It is contended that the actions/inactions of the Respondents in rejecting the candidature of the Petitioner despite the Petitioner being found “fit to fly” is arbitrary and whimsical and violative of articles, 14, 15, 16 and 19 of the Constitution of India, in as much as, the candidature of the Petitioner has been purely refused and rejected for want of not being a MALE candidate.

It is also contended that actions/inactions of the Respondents in rejecting the candidate of the Petitioner, despite having been found fit to fly, is violative and ultra vires of Articles 19(1)(g), 14 and 15 of the Constitution of India to the extent that it refuses candidature of the Petitioner from being recruited to the vacancy of “Air Force (i) Flying” despite the Petitioner having otherwise qualified for all intents and purposes and despite there being more than 20 vacancies available for above-named post only for want of being a MALE, since, the Respondents claim that such vacancies can only be filled up by a MALE candidate and it is a matter of fact and record that no more than 70 male candidates were found to be fit to fly for not having passed the CPSS exam.

Hence, the present petition deserved to be allowed since such actions of the Respondents in refusing the candidature of the Petitioner deserves to be set aside and the Petitioner be permitted to join the forces since having otherwise found to be fit to fly and well qualified as much as a man or male candidate, the plea stated.