"Disservice to need of providing justice to women officers," SC on Army’s denying women officers empanelment as colonel

The apex court, in 2021, had said that the evaluation criteria set by the Army for granting permanent commission (PC) to women Short Service Commission (SSC) officers constituted systemic discrimination which has caused economic and psychological harm and an affront to their dignity.

New Delhi:The Supreme Court on Friday said the Army’s approach of denying women officers empanelment as colonel does a disservice to the need to provide justice to the women officers and directed reconvening of the Special Selection Board within a fortnight for their promotion.

A bench led by Chief Justice DY Chandrachud observed that the manner in which the cut-off has been applied for reckoning the Confidential Reports (CRs) for women officers for empanelment as colonels is arbitrary. The bench stressed that it is contrary to the policy circular of the Army and the judgment of the apex court.

The bench also comprising justices JB Pardiwala and Manoj Misra said such an approach does a disservice to the need to provide justice to the women officers, who have fought a long and hard battle to receive just entitlements. The bench noted that an alternate ground has been sought to be raised on behalf of the Army authorities to the effect that adequate vacancies were not available for accommodating the officers.

The apex court said that in an earlier order of this court on November 21, 2022, the court recorded the statement of Army authorities that as many as 150 vacancies were to be made available pursuant to the judgment of this court in Nitisha (permanent commission verdict) and admittedly as the counter indicates that 108 vacancies have been filled up, and the ground of unavailability of vacancies would there not be available at this stage.

The bench said, therefore, clearly of the view that the manner in which applicants have been denied empanelment for the post of colonel on a selection basis is arbitrary.

The bench said the policy framework set out makes it clear that all CRs after nine years of service were required to be taken into consideration, and added that a cut-off was applied arbitrarily in the present case to equate the women officers with their male counterparts.
The apex court, in its order, said: “We order and direct that a fresh exercise of reconvening special selection board 3B (for promotion as colonel) no later than the fortnight of this judgement……All the confidential reports (CRs) except the last two CRs will be taken into account."

The bench noted that in order to obviate controversy, the Attorney General states that the cut-off of June 2021, should be considered. The top court was hearing petitions filed by women officers of the Indian Army who have been granted permanent commission. The dispute is related to their non-empanelment for promotion to the rank of colonel by selection.

The apex court, in 2021, had said that the evaluation criteria set by the Army for granting permanent commission (PC) to women Short Service Commission (SSC) officers constituted systemic discrimination which has caused economic and psychological harm and an affront to their dignity.

In February 2020, the apex court had directed that women officers in the Army be granted permanent commission. It refused to entertain the Centre's stand on their “physiological limitations” as being based on “sex stereotypes” and “gender discrimination against women”.