Delhi HC directs Centre to appoint woman candidate against unfilled Air Force flying vacancy

New Delhi [India], August 30 (ANI): The Delhi High Court has directed the Centre and other authorities to appoint a woman candidate against one of the unfilled 20 Air Force flying vacancies.
The order came on a petition filed by Archana, who had cleared the National Defence Academy (NDA) examination and was declared medically "fit to fly".
She had approached the court seeking appointment against the unfilled posts, contending that though 90 vacancies were notified in May 2023, only two posts were earmarked for women and were filled, while 20 posts for male candidates remained unfilled.
A division bench of Justice C Hari Shankar and Justice Om Prakash Shukla decided the petition in favour of petitioner Archana, and directed the authorities to appoint her in the Indian Air Force after hearing the counsel.
The division bench directed the respondents to appoint the petitioner against one of the unfilled 20 Air Force Flying vacancies relating to the Examination Notification of 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 two female candidates who have been selected and appointed," the division bench said in its order of August 25.
Petitioner Archana moved a petition through Advocate Sahil Mongia. It was submitted that on 17 May 2023, the Union Public Service Commission issued an Examination Notice for conducting the National Defence Academy and Naval Academy Examination for recruitment to various posts in the Armed Forces.
The petitioner has successfully cleared the written examination held on 3 September 2023.
On 2 April 2024, the Ministry of Defence issued a merit list of 699 candidates who had qualified for recruitment based on the NDA, following the written examination and interview.
The High Court noted that one of the requirements for being eligible for appointment to the post of "Air Force (i) Flying" was a "Fit to Fly" certificate.
Petitioner's counsel argued that despite 20 of the 90 vacancies, which were not earmarked for female candidates, remaining vacant, the petitioner was not offered an appointment.
It was also argued that it was incumbent on the respondents to fill the said vacancies with eligible women candidates. As the petitioner was 7th in the merit list of women candidates after the two who had been selected against the two earmarked vacancies, she submits that she was entitled to be appointed.
On the other hand, it was submitted on behalf of the Central government and other respondents that there were only two vacancies earmarked for women candidates in the notification dated 17 May 2023.
It was also submitted that selections were being conducted not only for entry through the NDA but also through the Air Force Common Admission Test (AFCAT).
It was also submitted that admitting more women candidates consequent to the NDA, than were reserved for them, counsel submitted, would reduce the number of women candidates who were entitled to be appointed consequent to the AFCAT.
After hearing submissions, the High Court said that the only requirement for candidates who desired to be appointed as "Air Force (i) Flying" was the possession of a Fit to Fly certificate. The petitioner unquestionably is in possession of such a certificate. The only ground on which the petitioner could be denied appointment is if there are no vacancies available to accommodate her.
The High Court said, "We have already expressed our inability to agree with the contention that 90 vacancies in the Notification dated 17 May 2023 were reserved for male candidates."
"Indeed, such a stipulation would also be contrary to the following recital in the notification, which has been boldly emphasised in the notification itself, which reads "Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply," the court said. (ANI)