Delhi High Court - Orders
Kush Kalra vs Union Of India on 21 November, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~16.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11477/2017
KUSH KALRA ..... Petitioner
Through: petitioner in person.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra,
Mr. Sagar Mehlawat, Mr. Alexannder
Mathai Paikaday, Advs.
Major Partho Katyayan, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 21.11.2022 The present petition has been filed by the Petitioner stating that there is no provision for admission of girls/ females in Sainik Schools and Rashtriya Military Schools in the country and the same is violative of Articles 14 and 21 of the Constitution of India. The Petitioner has prayed for the following reliefs:
"a) Issue a writ in the nature of Mandamus, or any other appropriate Writ, order directing the Respondent to make provision for admission of girls/females in Sainik Schools and Rashtriya Military Schools run by respondent.
b) Issue writ of Mandamus or any other appropriate writ directing Respondent to inform this Hon‟ble Court as to what steps it has taken towards Gender Equality in Sainik Schools and Rashtriya Military Schools,
c) Issue such other Writ, direction or order, which this Hon‟ble Court may deem fit and proper under the facts and circumstances of the case."Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34
Learned Counsel for the Union of India, Mr. Harish Vaidyanathan Shankar, at the outset has drawn the attention of this Court towards an order dated 08.03.2022 passed in W.P.(C) No. 1416/2020 and the same reads as under:
"Mrs. Aishwarya Bhati, learned ASG rightly points out that in a prophetic sense, the matter has come up on International Women‟s day.
We have perused the affidavit filed on behalf of the respondents in pursuance to the Order dated 18.1.2022. We may notice the following aspects which emerge from the affidavit:-
(a) the respondents need about 3 months time for deliberations to workout the implications in the long term of induction and deployment of ex-NDA women cadets into the Indian Armed Forces.
(b) 5,75,854 candidates applied for the examination. 3,57,197 candidates took the examination. 8009 candidates including 1002 women candidates passed the NDA written examination held in November, 2021 and the Service Selection Board (SSB) is scheduled from March-April, 2022.
(C) On the aspect of induction of women for NDA-II 2021 and NDA-I 2022, each course at NDA has 370 vacancies for the three services. 208 cadets get commissioned in the Indian Army, 120 cadets get commissioned in the Indian Air Force and 42 cadets in Indian Navy.
(d) Insofar as the Indian Army is concerned, as per Ajai Vikram Singh Committee recommendations, the officer cadre is guided by „regular cadre‟ to „support cadre‟ ratio of 1:1.1. The nitty- gritty need not be referred by us.
(e) Total vacancies planned for Indian Army through NDA is 416 every year i.e. 208 per course. Officers commissioned through NDA have a major component of the Combat Arms.
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34Women Officers (WOs) are not being inducted in combat arms. 10 women candidates per NDA course are to be taken in, amounting to 11% of the earmarked vacancies.
(f) The average intake in the last four years of women officers in the eight arms and services across the board has been upto 15% of the total cadre strength and with the present allotment of 10 women candidates per course in NDA i.e. 20 per year, the women cadre in these arms will witness a growth of 5% i.e. from the existing 15% to 20%.
(g) A comparative chart of western armies and regional countries with percentage of enrolled women is given, keeping in mind that presently in the Indian Defence Forces, the women officers (including Army Medical Corps (AMC) and Military Nursing Service (MNS), an auxiliary force) constitute 13.6% of the officers‟ cadre. Illustratively, in some of the countries the figure is as under:-
Country % of Women Women Enrolled since
Australia 16.5 1899
USA 17 1898
France 15 1914
UK 11 1902
Germany 12 1975
Russia 10 1917
China 4.5 NK
Pakistan 2 2006
Myanmar 0.2 2014
Nepal 7 1962
Sri Lanka 2 1979
(h) Training ethos of NDA being kept in mind, infrastructure is being developed and it is expected that the training of women candidates in NDA may attract foreign friendly countries to send their women candidates for training.
(i) the position in Indian Navy is slightly different as all cadets inducted through UPSC Examination Post 10+2 into NDA are Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34 trained towards Executive (General Service) which is not open for induction of women officers. In fact, the Navy does not have any direct induction of men and women through NDA (UPSC) entry post 10+2. However, Navy has decided to induct women into three Branches/Cadres through NDA i.e. Education, Logistics and Naval Armament Inspectorate (NAI) Cadre. Navy has decided, keeping in mind the direction of this Court, to have intake of women as Permanent Commission (PC) officers through UPSC examinations in the aforesaid three branches. This is stated to be the first instance (whether for male or female) that a cadet will be trained at NDA for direct induction as PC officer in these three branches as at present no PC male officer is being directly inducted into these branches through NDA.
(j) Women are stated to be already being trained in Indian Naval Academy at par with male cadets for commissioning in the Branches/Cadres which are open for their induction. Thus, induction of women into Indian Navy through UPSC 10+2 exam is not felt necessary. On an average 20 to 25 women are being inducted every six months for all Branches/ Cadres which are open for their induction.
(k) 19 women candidates per term are being inducted at NDA which will after three years be about 114 women candidates. Upon passing from NDA, such of the candidates are inducted as Naval cadets who report at the Indian Naval Academy for Navy specific training for 6-12 months. So, these women cadet trainees are also being routed through Indian Navy.
(l) The best picture which emerges is from the Indian Air Force as the women are being inducted in all its branches and sub- streams. The study carried out in 2013, and in 2021 are being used as the basis to arrive at the proposed IAF vacancies for women in NDA. With the proposed induction, 12 PC women officers will be inducted per year and will result in 60 PC women officers being inducted in the IAF over the next five years.
RASHTRIYA INDIAN MILITARY COLLEGE (RIMC) Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34 The affidavit in compliance of Order dated 22.9.2021, which was affirmed on 06.10.2021 states that the admission into the RIMC is to be done through an All India Competitive Examination held biannually in June and December every year. States and Union Territories have been alloted one seat each except the States of Maharashtra, West Bengal and Tamil Nadu which have been allotted two seats and the State of Uttar Pradesh which has been alloted three seats. It was stated in the affidavit that to facilitate induction of the girls, there is a need for authorising additional vacancies along with the other associated infrastructure and administrative support through two phases which were set out in the affidavit. We, however, directed that the course of action followed for NDA should also be followed for RIMC i.e. permitting women candidates to appear in terms of our Order dated 07.10.2021. That order has been complied with and learned ASG submits that 5 additional vacancies have been created for induction of women candidates.
The aforesaid arrangement having been made, I. A. No. 106572/2021 stands disposed of and we expect the process to continue.
RASHTRIYA MILITARY SCHOOLS (RMS) RMS are English medium residential Public Schools. Five of them are spread across the country as "All Boys School" and act as a feeder institution for National Defence Academy to provide quality education and training to the wards of the Indian soldiers. 30% of the available seats are earmarked for wards of civilians and defence officers and the admission test is held in December for 350 seats. The induction was proposed in phase 1 & 2. No interim orders were passed but the affidavit records the assurance that the induction of women will begun from the academic session 2022-2023 which is taken on record. SAINIK SCHOOLS The Sainik Schools‟ experiment began with only induction of boys but subsequently some girls were inducted on Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34 experimental basis. That experiment was found fruitful as per the learned ASG and Hon‟ble Prime Minister had made assurances from the ramparts of the Red Fort on 15th August, 2021 that there would be regular induction of girls. However, the exact data is to be submitted by learned ASG. List on 19th July, 2022.
We appreciate the constructive approach being adopted by the Armed Services and assistance being rendered by the learned ASG not only as a law officer but as a woman."
The aforesaid order makes it very clear that the Respondent has categorically stated before the Hon'ble Supreme Court that admissions will take place in Rashtriya Military Schools starting from the academic year 2022-23.
In light of the aforesaid, no further orders are required to be passed in respect of Rashtriya Military Schools.
So far as Sainik Schools are concerned, Mr. Harish Vaidyanathan Shankar has drawn the attention of this Court towards an order dated 06.09.2022, passed in W.P.(C) No. 1416/2020 and the same reads as follows:
"We are informed that in the NDA, 19 women have been inducted in a batch.
Insofar as the Sainik Schools are concerned, it is stated that from the academic session of 2020-2021, all 33 Sainik Schools have already started admitting the girls and as on date 698 girls are stying as boarders in 33 Sainik schools. The remaining note placed before us in fact talks about the positiveness of inducting women in the Sainik schools where both boys and girls will be able to participate in different activities together and it is stated to be the first step towards entry of women in National Defence Academy. It is stated that the only issue now required to be considered is the cap of 19 put in the National Defence Academy of girl Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34 cadets and the learned counsel wants to address us on that issue. List on 12.10.2022."
The aforesaid order makes it very clear that in respect of Sainik Schools, the admissions have already started taking place from the year 2020-21 in respect of all the 33 Sainik Schools and as on date 698 girls are staying as boarders in 33 Sainik Schools.
In light of the aforesaid, no further orders are required to be passed in the present PIL in terms of the orders passed by the Hon'ble Supreme Court of India.
The present PIL stands disposed of in the aforesaid terms.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J NOVEMBER 21, 2022 N.Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:24.11.2022 15:28:34