The Delhi High Court has ruled that keeping flying posts in the Indian Air Force reserved only for male candidates is unjustified, particularly when eligible female candidates are available. The Court directed the Central Government to appoint a qualified woman candidate to one of the unfilled posts, emphasizing that gender-based discrimination has no place in modern recruitment for the Armed Forces.
A division bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla stated that authorities may prescribe necessary qualifications and stipulations while advertising posts. However, once those requirements are set, every eligible candidate—regardless of gender—must be treated equally.
Background of the Case
On 17 May 2023, the Union Public Service Commission (UPSC) issued a recruitment notification for various Armed Forces posts, including 92 flying vacancies in the Air Force. Out of these, only two were specifically earmarked for female candidates, and they were duly filled. Of the remaining 90 vacancies, only 70 were occupied by male candidates, leaving 20 posts vacant.
The petitioner, placed seventh in the women’s merit list after the two selected candidates, filed a plea after she was denied appointment despite the vacancies remaining unfilled.
Court’s Observations
The Court highlighted that the petitioner held the required “Fit to Fly” certificate and met all eligibility criteria for the post. It ruled that the 90 vacancies were never explicitly reserved for men and were open to all qualified candidates, both male and female.
“There being no dispute that 20 of the 90 vacancies remain unfilled, and the petitioner having secured the seventh position in the women’s merit list after the two earmarked vacancies were filled, there was no justifiable reason to deny her appointment,” the bench observed.
The Court further noted that if any vacancies remain after appointing eligible female candidates, the authorities may proceed with other recruitment methods. It stressed that administrative or procedural interpretations cannot be allowed to create a “gender skewed” process, relying on the Supreme Court’s earlier ruling in Arshnoor Kaur v. Union of India concerning JAG posts.
Key Statement from the Court
“The distinction between male and female has, in today’s time, been reduced to nothing more than a chance chromosomal circumstance. Ascribing to it any greater significance would be illogical and outdated,” the bench stated.
Court’s Direction
Disposing of the petition, the Court ordered the Central Government to appoint the petitioner against one of the 20 unfilled flying vacancies from the 17 May 2023 notification. It also directed that she be granted the same service benefits, including seniority, as the 70 male and two female candidates already appointed.
