Nidhi Chaudhary vs. Union Of India

ITEM NO.11 Court 6 (Video Conferencing) SECTION PIL-W S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1416/2020 KUSH KALRA Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) IA No. 87814/2021 - STAY APPLICATION WITH W.P.(C) No. 524/2021 (PIL-W) Date : 18-01-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Chinmoy Pradip Sharma, Sr. Adv. Mr. Mohit Paul, AOR Mr. Bikram Dwivedi, Adv. Mr. Praveen Kumar Singh, Adv. Petitioner-in-person For Respondent(s) Ms. Aishwarya Bhati, Ld. ASG Ms. Archana Pathak Dave,Adv. Ms. Ruchi Kohli, Adv. Mr. Chinmayee Chandra, Adv. Mr. Bhuvan Mishra, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Naresh Kaushik, Adv. Mr. Vardhman Kaushik, AOR Mr. Manoj Joshi, Adv. Mr. Dhruv Joshi, Adv. Mr. Prafful Saini, Adv. Mr. Nishant Gautam, Adv. Mr. B. Purushottama Reddy, Adv. Ms. Lalitha Kaushik, Adv. Digitally signed by Charanjeet kaur Date: 2022.01.19 18:02:22 IST Reason: Signature Not Verified

Mr. Manish Sharma, AOR

Mr. Manish Kumar, Adv. Ms. Divya Roy, AOR

UPON hearing the counsel the Court made the following O R D E R

Learned ASG seeks to place on record the figures qua the NDA, RIMC and RMS in respect of the last examination i.e. how many people took the examination and how many women were successful. She further stated that the process still has not been completed as the SSB remains.

At request, two weeks' time is granted for the said purpose.

IA No. 87814/2021 - STAY APPLICATION

Learned counsel for the petitioner points out that there is some error in recording the effect of the list as it was by roll number and not merit. The same is taken on record.

The submissions of learned counsel for the petitioner is that the number of candidates from women who are to be inducted as per NDA-II 2021 is 208 candidates in the Army including 10 women, 42 candidates in Navy including 3 women and 120 candidates in the IAF including 6 women.

Thus, it is proposed that 19 women, subject to completion of all formalities would be able to join in June, 2022.

The reservation as is expressed is arising from the examination notice dated 22.12.2021 issued by the UPSC for

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the NDA-I 2022 examination to be held on 10.04.2022. This reservation arises from the fact that the number of women to be inducted is stated to be the same as are proposed to be inducted for NDA-II 2021. His submission is that the NDA-II 2021 exam was in a scenario where some push was given by the Court and consequently leeway was also given by the Court but it is the own case of the respondent that they were fully competent to make all arrangements for the examination to be held for NDA-I 2022. He thus, submits that the number of women should not be restricted to the same but should be based on analysis of various criteria which is logically to continue for some time to come taking into consideration the number of women who can be inducted in different fields as per different judicial pronouncements of this Court.

Issue notice.

Learned counsel for the State accepts notice.

Reply be filed within three weeks.

Rejoinder, if any, be filed with two weeks thereafter.

We have put to learned ASG that she may examine putting the stand not only qua NDA but also RIMC, Rashtriya Military Schools and Sainik Schools.

List on 08.03.2022.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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