 and the Rashtriya Military School (RMS) examinations, scheduled to be held on December 18, 2021){kind=link}
Close on the heels of breaking the glass ceiling in defence forces by way of permitting eligible women candidates to appear for the National Defence Academy and the Naval Academy examinations, 2021, the Supreme Court on Thursday permitted another first for the fairer gender by allowing them to appear for the Rashtriya Indian Military College (RIMC) and the Rashtriya Military School (RMS) examinations, scheduled to be held on December 18, 2021.
A Bench comprising Justice S.K. Kaul and Justice M.M. Sundresh directed the Central government to issue fresh advertisements and make arrangements for the induction of girls into RIMC and RMS. The last date for submission of applications for the said examinations is October 30.
The bench while asking Centre to allow girls to take the entrance exam for admission this year in RIMC instead of waiting till June 2022, directed the government to publish a modified advertisement within two days to seek application from girls.
“The necessary modified advertisement be issued within two days without changing the schedule. We make it clear that this is applicable insofar as the Rashtriya Indian Military School (RIMC) is concerned. Insofar as the Rashtriya Military Schools (RMCs.) are concerned, the process will begin with the academic session 2022-2023. The matter will be taken up on 18.01.2022,” the Court noted in its order.
During the hearing today, Additional Solicitor General of India Aishwarya Bhati submitted by way of an affidavit that since the preparations for the impending examination in December were already at a very advanced stage, the Court may consider allowing for the induction of girls into RIMC and RMS for the term beginning from January, 2023 and not June, 2022.
The ASG submitted that the issue involves 12 and 13-year-old girls. Neither the parameters for their induction have been set out, nor does a framework guiding their applications exist. Therefore, a leeway should be granted as was permitted to the Defence Department to come up with instructions on parameters with regard to preparatory actions for induction of women in NDA, subject to finalisation of the same by the expert committee/special study group.
The ASG submitted that for RIMC, two exams are held biannually, one in June and other in December. For Phase 1, the Centre was proposing an increase in capacity (300 students) incrementally by inducting five girls per six months, adding that total acceptance is 25 students per six months. This will be a 20 percent increase in strength, she added.
Justice Kaul raised a question regarding the postponement of everything by one year. He emphasised the fact that the problem does not immediately arise and there is a sufficient amount of time to put everything in place. Therefore, the reservation of this court is with regard to such unnecessary postponement and delay.
The ASG argued that the postponement was not by one year. It was only a period of six months that they were seeking. To go into an examination whose process and qualification is set by ad-hoc and subsequently there are problems to be untangled before proper implementation can be put into place. Furthermore, the parameters are to be laid down and the current examination is already in place, advertisements are out and students have already applied for it and thus a period of 6 months should be granted, added the Centre.
The Court observed that the country was meant to be affected by this issue and there was a larger question to be addressed. There were still six months to work things out. The government was referring to things to arise in 2023, but not in June 2022, when more than six months (two months of 2021 and six till June, 2022) are available to it. Therefore, such delay cannot be appreciated, it added.
The ASG further submitted that the government was not shying away or running away from its responsibility. Though initially there was a little resistance but after this court’s push, they were working towards realising the goal.
Aditya Swarup, appearing for the alumni association (RIMC), submitted that the only concern for the alumni association was that the result of an increase in the strength by the government should not be that existing facilities were constrained. Furthermore, he requested that adequate funds be provided by the government towards infrastructure.
Manish Kumare, intervenor (WP C- 524/2021) submitted that as far as the NDA was concerned, which had stated that they were not fit to take the exam in 2021, this court was kind enough to direct that women should be permitted to take the exam this year. Therefore, there was no question of disparity and the window should open for girls to be allowed to participate in the examination scheduled a year in this matter also.
This Bench observed that a period of six months was sufficient for disciplined organisations like the respondents for devising the said parameters and coming up with a framework. It said the implementation is to be left to the respondents. So far as the examination schedule for this year (2021) is concerned, it has been submitted by the respondents that the preparatory work is over.
The Bench directed the Centre to modify the preparatory work and follow the same process of selection as directed in the petition 1416 of 2020. Similar leeway is granted to the present respondents as set out in order dated September 22. (Defence Department in NDA matter).
The court further directed that necessary modified applications to be submitted within two days without changing the schedule. This will be applicable so far as RIMC is concerned. The process will begin with the academic year 2022. The matter is to be kept pending for any further directions, depending on the position which may emerge after the exam is held. This matter will be called up with the NDA matter in January, it added.
RIMC