On 17 May 2023, the UPSC issued an examination notice for the NDA and Naval Academy Exam (NDA-II 2023), notifying 92 vacancies for the Air Force (Flying branch). Out of these, two seats were earmarked for female candidates.
Ms. Archana, the petitioner, cleared the written exam and was placed 7th in the merit list of women candidates. However, despite possessing a valid “Fit to Fly” certificate, she was not appointed because the two female seats were already filled. At the same time, 20 out of the 90 remaining vacancies (not specifically reserved for men or women) remained unfilled.
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Aggrieved, she moved the Delhi High Court seeking appointment against one of these unfilled seats.
Counsel for Ms. Archana argued that the remaining 90 vacancies were not reserved exclusively for men, and thus should have been open to both genders. Since 20 vacancies were left vacant, eligible women should have been considered. Reliance was placed on the Supreme Court’s judgment in Arshnoor Kaur v. Union of India (2025 SCC OnLine SC 1668), which strongly upheld the principle of gender neutrality in armed forces recruitment.
The Union of India argued that only two vacancies were earmarked for women, and filling more than that would disturb intake through other exams like AFCAT and CDSE. It was also contended that the petitioner participated knowing only two seats were reserved for women and could not later challenge the notification.
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The Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla rejected the Union’s interpretation.
The Court observed:
“The 90 vacancies notified apart from the two earmarked for women cannot be regarded as reserved for men. They were open to all candidates, male and female alike.”
The Court highlighted that the NDA notification itself stated that the “Government strives to have a workforce which reflects gender balance and women candidates are encouraged to apply.”
Citing the Supreme Court ruling in Arshnoor Kaur, the judges stressed that gender neutrality is a constitutional mandate, and vacancies cannot remain unfilled when eligible women are available.
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The High Court directed the Union to:
- Appoint Ms. Archana against one of the 20 unfilled vacancies in the Air Force Flying branch.
- Ensure she receives parity in seniority and service benefits with already appointed candidates.
“The petitioner, being 7th in the merit list of women candidates, is entitled to be appointed against one of the 20 unfilled vacancies.”
The writ petition was accordingly allowed on 25 August 2025.
Case: Ms. Archana v. Union of India & Ors.
Case No.: W.P.(C) 11999/2024
Date of Judgment: 25 August 2025
