According to the sources of ANI, The Center has lately informed the Delhi Court that the entry of female candidates in Indian Navy Entry Scheme, IT, Executive Branch General Service and in Technical Branch Engineering and Electrical Branch has been permitted.
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The Additional Solicitor General( ASG) Chetan Sharma made the submission before the court headed by Chief Justice Satish Chandra Sharma. formerly the bench was handling the Public Interest Litigation( PIL) moved by advocate Kush Kalra.After noting the submission made by the ASG, the High Court disposed of the PIL on November 11.
The pleader had sought a direction to the respondents to permit the entry of female candidates in the Indian Navy University Entry Scheme, Executive Branch General Service( X) Cadre, IT, and in electrical and in specialized branch of engineering as par with male candidates.
The ASG, at the onset, had argued that a PIL filed on the subject of service matter isn’t justifiable keeping in view the Judgement passed by the Supreme Court in Duryodhan Sahu(Dr.)vs. Jitendra Kumar Mishra case, the court noted.
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However, he further submitted before this Court that the issue raised by the Petitioner in the present writ solicitation has formerly been remedied by permitting the entry of female candidates in the Indian Navy University Entry Scheme, Executive Branch General Service( X) Cadre, IT, and in electrical and in technical branch of engineering.
Indian Navy University Entry Scheme is the scheme where candidates who are eventually selected will be instated as Officers in the rank of Sub Lieutenant and endure a twenty two weeks Naval Orientation Course at the INA.
He also drew the attention of the court towards the advertisement inviting applications for Short Service Commission Officers in Information Technology( Executive Branch) starting from January 2024 onwards as well as an advertisement inviting applications for Short Service Commission Officers for varied entries, including General Service( Executive) GS( X) commencing from June 2024 onwards issued by the Indian Navy to contend that the Indian Navy is now retaining female candidates in both branches as mentioned in the relief clause by the Petitioner.
He further argued that the plea didn’t defy the constitutional validity of Section 9(2) of the Indian Navy Act, 1957, which empowers the Centre to issue announcement for the entry of female candidates in the Indian Navy.
After hearing the ASG’s cessions, the High Court disposed of the plea. The plea claimed that there’s an instructional demarcation rehearsed by the respondents – Ministry of Defence and Indian Navy as well as the Centre that’s being practiced without any rationale to arbitrarily dreprive the female candidates of the right to serve in the forenamed branches, while’ permitting entry as Air Traffic Controller and Naval Architect’.
The plea refocused out that at present, discrimination on grounds of gender is violation of the right to equality( Article 14), equality of opportunity in the matter of public employment( Article 16), the right not to be discriminated on the ground of sex( Article 15), fundamental right to exercise any profession of occupation( Article 19 1( g)) and also violates the human right of women.
“ State can not enact any law which is inconsistent with or in derogation of fundamental rights and as a consequence thereof, respondent No. 1 Ministry of Defence, can not frame any law, rules, byelaws and regulations for its functioning “ which is inconsistent with or in derogation of fundamental rights.
Gender- based distinctions must serve important governmental objectives and must be substantially related to achievement of those objectives in order to withstand judicial scrutiny, ” the plea said.
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