New Delhi [India], August 6 : The Delhi High Court has sought responses from the Union of India and other concerned respondents in a public interest litigation (PIL) filed by advocate Kush Kalra, challenging the exclusion of women candidates from applying to prestigious military academies through the Combined Defence Services (CDS) Examination.
A division bench headed by High Court Chief Justice Devendra Kumar Upadhyaya has sought a response from the Central government and listed the matter for further hearing in November 2025.
The petition contended that despite repeated legal directions and public assurances promoting gender equality in the armed forces, the recent UPSC advertisement for the CDS-II Examination 2025, dated 28 May 2025, continues to bar women from applying to three of the four service branches -- the Indian Military Academy (IMA), Dehradun; Indian Naval Academy (INA), Ezhimala; and Air Force Academy (AFA), Hyderabad. As per the current notification, women are eligible only for the Officers' Training Academy (OTA), Chennai, under the Short Service Commission.
Kalra's petition pointed out the inconsistency between this exclusion and the government's own declaration in the same notification that it "strives to have a workforce which reflects gender balance and women candidates are encouraged to apply." The contradiction, he argues, highlights a systemic and discriminatory barrier that not only undermines the rights of aspiring women candidates but also contradicts constitutional values and Supreme Court judgments.
The petitioner referred to a number of previous judicial rulings to support his claim. Among them is the landmark 2020 judgment of the Supreme Court in Union of India & Ors. v. Lt. Cdr. Annie Nagaraja & Ors., which held that women officers in the Indian Army are entitled to consideration for Permanent Commission and command positions at par with their male counterparts. The apex court ruled that restricting women to non-command roles amounts to unconstitutional sex stereotyping.
Kalra also cited the Supreme Court's 2021 interim order in Kush Kalra v. Union of India, which allowed women candidates to appear in the National Defence Academy (NDA) exam for the first time. The court had welcomed the armed forces' willingness to induct women and had directed the government to file affidavits explaining its future plans for gender inclusion. As a result, in December 2021, 19 women were permitted to take the NDA exam, with the first batch of women cadets graduating from IMA thereafter.
The petition asserted that denying women entry to the IMA, INA, and AFA through the CDS examination violates three fundamental rights guaranteed by the Constitution of India: Article 14, Right to equality before the law; Article 16: Right to equal opportunity in public employment; and Article 19(1)(g): Right to practice any profession of one's choice.
Plea further argued that the prohibition is arbitrary and discriminatory, and lacks any reasonable justification, particularly in the context of increasing participation of women in combat and leadership roles within the armed forces. It further states that by not allowing women to appear for the full range of entries in the CDS examination, the state is actively obstructing their career advancement and reducing their service options to short-term commissions alone.