"Gender Biased Selection": Delhi HC Issues Notice On Plea By 8 Women Candidates Seeking Publication Of Final Result For Commission In Territorial Army

The Delhi High Court on Wednesday issued notice on the petition moved by 8 women candidates seeking publication of final merit list/ result for commission in Territorial Army in which women were found eligible for recruitment and appointment under Section 6 of the Indian Territorial Army Act, 1948 after the Kush Kalra case.

Justice Navin Chawla and Justice Manmohan sought response of Centre, Chief of Army Staff, Additional Director General (Recruiting) and the Additional Director General of Territorial Army.

Calling it a case of conspiracy and gender biased selection, the petitioners are aggrieved by the respondents' action of selecting them for grant of commission as Territorial Army Officers (Non-Departmental) in Preliminary Interview Board for Territorial Army Commission- 2019 without publication of the final result in a mechanical manner.

"The Respondents have proceeded illegally to issue joining instructions without the application of mind and admit some of the candidates being ignorant of the fact that the final result was still not published officially nor the candidates were informed about their results. Furthermore it has even not been released yet," the plea reads.

The petitioners also submit that only one female candidate, who was issued the orders to join the Territorial Army, was admitted to the Railways Engineers Unit being the Departmental Unit of Territorial Army whereas the notification was only for the Territorial Army Officers (Non Departmental).

"Prima-facie, taking the facts and circumstances into consideration, it seems to be a case of conspiracy and gender biased selection wherein the female candidates have been restricted intentionally to disrespect and discourage the female candidates to join the Services," the plea reads.

The plea, filed through Advocate Kartik Yadav, also states that reports suggest that the regular Army is having a shortage of more than 8,000 officers as against the sanctioned strength. In view of this, it is submitted by the petitioners that Territorial Army is a supporting arm to the Regular Army to cope with the shortage and assist them in fields.

"Moreover the shortage of Women in the Services has always been felt but due the male chauvinism still persisting in the Services that has always disrespected and discouraged the genuine efforts of the Women willing to serve in the Service with their utmost desires," the plea adds.

Accordingly, the plea seeks issuance of joining letter to the petitioners for the grant of commission to Territorial Army Officer and also an order for conducting a detailed enquiry by way of Judicial Intervention in the matter.

Title: MALIKA DAWER & ORS. v. UNION OF INDIA & ORS.