Thread by @barandbench

Verdict alert:

Justice DY Chandrachud led bench of #SupremeCourt to deliver judgment on petitions by over 60 women officers who alleged that they were denied permanent commission in the Army on the grounds of fitness

#permanentcommission
@adgpi

In a landmark verdict in February last year, the #SupremeCourt had directed that women officers in the Army be granted a permanent commission, rejecting the Centre’s stand of their physiological limitations as being based on “stereotypes” and “gender discrimination against women

Bench assembles:

#SupremeCourt

Justice Chandrachud: Its a fairly long judgment spanning over 137 pages

Justice Chandrachud: We have dealt with evaluation, medical criteria.. etc

The fundamental postulate in submissions of ASG is that evaluation of competitive merit is necessary. Benchmarking in submissions became necessary to place them on par with males

Justice Chandrachud: Fundamental fallacy in this submission is that clear intent of policy letter is that issue of applying competitive merit applies of 250 officers fulfill this criteria. If it's less than 250 then there is no need to meet this criteria

Justice Chandrachud: Statistics submitted by army shows 1994 to 2010 ceiling limit of 250 has not been crossed. In their anxiety to rebut the submissions of petitioner the statistics placed on record completely demolishes the case of army.

Justice Chandrachud: Question to evaluate officers on inter se merit does not arise. Several years ceiling was crossed for males and thus does not hold well.

Justice Chandrachud: Applying this ceiling is to bypass the route for women officers.

Justice Chandrachud: With regard to assessing ACRs it has been admitted in counter affidavits that honors and awards in 5 th year of service was taken into consideration thus service and accolades after 5th and 10th may have been ignored.

Justice Chandrachud: distinguished track record if SSC women officers after 5th and 10th years of service was ignored. Ones who have been granted COAS recommendation like Shikha Yadav has been ignored for granting #permanentcommission

Justice Chandrachud: Process by which women SSC officers were considered for PC was based on belated application of the Babita Punia verdict. Finest women officers have been ignored on the specious grounds that their awards and merit was on 5th and 10th year of service

Justice Chandrachud: Competitive merit was to be assessed only when eligible officers had to cross the ceiling of 250 officers. There have been years where total male officers granted PC had crossed 250 on occasions.Ceiling of 250 was regarded as absolute or rigid criteria always

Justice Chandrachud: ACRs were assessed on the basis of circumstances as Permanent Commission was not mandatory then. To make a comparison between subjective marks would be completely unfair and arbitrary

Justice Chandrachud: Petitioners state women were not granted career enhancement opportunities. We do not find merit in submissions of ASG, we must be alive to the fact that at no point of service womem officers were incentivised to take such career enhancement programs

Justice Chandrachud: Structure if our society has been created by males for males. Some look harmless but it's a patriarchal reflection of our society. Adjustment and amendment if thoughts needed to create an equal society
#SupremeCourt

Justice Chandrachud: It is not correct to say that women serve in the army when the real picture is different. Superficial face of Equality does not stand true to the principles enshrined in the Constitution.
#SupremeCourt

Justice Chandrachud: physical fitness is crucial for Army. When judici review is considered Court has to be circumspect to intervene. There can be no judicial review of standards adopted by the army. SHAPE 1 CRITERIA IS NOT ARBITRARY, we hold.

Justice Chandrachud: however we have to understand whether this criteria was applied equally or not

Justice Chandrachud: Women SSC officers has submitted that have they been considered for PC when Delhi HC granted the same they could have adhered to Shape 1 fitness criteria. The males who were granted PC was not asked to maintain the same now when women were granted PC

Justice Chandrachud: Women officers who were excluded in November 2020 based on Shape 1 Fitness are entitled to continue as Permanent Commissioned force till they fulfill the Fitness criteria needed for continuance in service.

Justice Chandrachud: Army says medical category has been applied by taking age related factors into account. However discrimination and exclusion is there in this application. When similarly aged male PC officers do not have to maintain SHAPE 1 Fitness now when granted PC earlier

Justice Chandrachud: Women before us have persevered to get equal opportunity in permanent commission. In Babita Punia Court was conscious of the struggle of women who wished to be in the PC.

Those women who have hold onto the army are the women who have the tenacity to be in army. Army career has trials and tribulations and this becomes more difficult when society gives responsibility of child care and domestic work on women too. Women do not come to us for charity

Justice Chandrachud: The petitioners in the above mentioned writ petition has granted 161 were granted PC out of 284 and rest were not considered due to fitness and 9 who have to leave due to compulsory retirement without pensions.

Justice Chandrachud: Women officers in these batches face similar predicament as they are being considered for granting PC in 10th year of service.

SC: There is similar apprehension among the dying cadre which means dwindling class of officers and will face adverse impact of not following Delhi HC judgment. That's why we extend the PC to them as one time benefit

SC: selective ACR evaluation and implementation of Babita Punia judgment creates systemic discrimination. This creates economic and physiological harm. Thus we allow:

1. Administrative requirements imposed on army by equating these women with males with lowest rank is arbitrary

2. They will be considered for permanent commission subject to disciplinary and Vigilance clearance

3. Other than non obtise officers all would be considered for grant of permanent commission as per terms mentioned within 2 months

Justice Chandrachud: All consequential benefits will flow from Babita Punia judgment. Petitioner Navneet Lobana will have her request of PC reconsidered and in case PC is not considered she will allowed to pursue MTech from Pune without cost

Justice Chandrachud: ASG has said all WSSCO shall continue in-service. This shall continue and they shall avail all benefits.

Writ petitions disposed off in above terms

[BREAKING] Superficial equality not in consonance with Constitution; Supreme Court allows Permanent Commission to women officers

#SupremeCourt #JusticeDYChandrachud

barandbench.com/news/litigatio…

Superficial equality not in consonance with Constitution; Supreme Court allows Permanent Commission to women officers

#SupremeCourt #JusticeDYChandrachud

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