Delhi High Court Criticizes Centre Over Unfilled IAF Flying Posts Despite Availability of Qualified Women

The Delhi High Court has issued a stern rebuke to the Centre for leaving 20 Indian Air Force (IAF) Flying Branch positions unfilled, despite having qualified women candidates available to take up these roles.

In the case of Ms Archana v Union of India & Ors, Justices C Hari Shankar and Om Prakash Shukla addressed the Union Public Service Commission’s (UPSC) NDA II 2023 notification. This notification had reserved two of the 92 flying positions specifically for women. The court clarified that this allocation did not imply that the remaining 90 positions were exclusive to male candidates. Instead, these positions were open to all eligible candidates, regardless of gender.

The court stated, “The 90 vacancies notified… apart from the 2 vacancies earmarked for female candidates, cannot be regarded as earmarked for male candidates… They were open to female as well as male candidates,” and emphasized that the only requirement was having a valid “fit to fly” certificate.

Consequently, the court ordered the government to appoint the petitioner, Archana, who is ranked seventh in the women's merit list, to one of the 20 vacant posts. She is to receive full service benefits, including seniority, equivalent to other selected candidates.

The court highlighted that gender discrimination has no place in the recruitment processes of the armed forces in the contemporary era. “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 is concerned,” the Bench remarked, reaffirming the principle of gender neutrality as upheld by the Supreme Court.

The petitioner was represented by advocates Sahil Mongia, Yash Yadav, and Sanjana Samor, whereas Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Rohan Jaitley appeared on behalf of the Union of India.