NEW DELHI, Nov 12: After a threat from the Supreme Court to initiate contempt proceedings, the Central government on Friday agreed to grant permanent commission (PC) to 11 women Army officers who meet the eligibility criteria.
In a major victory for women opening the doors of the army for the fairer sex, the Centre, which was initially reluctant, conveyed its acquiescence to a Bench led by Justice DY Chandrachud that the army would grant permanent commission to 11 women army officers within 10 days.
In addition, the Short Service Commission (SSC) women officers, who have not approached the court but nonetheless meet the various eligibility criteria, would be granted PC in three weeks, the government informed the court.
The case over the women’s entry in the army as the permanent commission officers had been dragging on for the last 11 years since the Delhi High Court in 2010 gave the ruling to allow the grant of Permanent Commission to Women Short Service Commission Officers on par with their male counterparts. In February 2020, the Supreme Court upheld the Delhi High Court’s 2010 ruling.
In October, the court similarly intervened with the government in favour of granting PC to 39 other SSC women officers. “We appreciate the fair stand of the Army authority in putting at rest all outstanding issues pertaining to women SSC officers,” the court recorded at the end.
The Bench, also comprising Justice A.S. Bopanna, was hearing a contempt petition filed by the 11 officers, who alleged army’s non-compliance of the directions issued by the court in denying permanent commission to them despite crossing the eligibility threshold.
After the court threatened to upheld the petition’s contempt proceedings, the additional solicitor general Sanjay Jain, appearing for the Army, then informed the court that it has decided to grant Permanent Commission to the 11 officers and would seek instructions for further procedures.
However, the court clarified that “by way of abundant caution, it is clarified that those officers who have disciplinary and vigilance clearance will be eligible to grant of PC, subject to their meeting of other conditions…”
In August, 72 women officers had approached the court, challenging the Army’s decision finding them ineligible for PC. They said they were disqualified despite satisfying the 60% assessment threshold for PC as prescribed by the court in a judgment in March last.
The apex court had recently directed the grant of Permanent Commission to 39 women officers in the Indian Army on or before November 1, 2021. It ordered the central government to allow PC to women officers who were excluded from the same on the ground of unequal application of fitness standards. The order had directed the government to grant PC to “Women Short Service Commissions Officers who obtained 60% marks in their assessment subject to their meeting the medical criteria prescribed by the Army’s August 1 2020 order and receiving disciplinary and vigilance clearance.”
(Manas Dasgupta)
