New Delhi: The Supreme Court on Monday delivered a sharp rebuke to the Indian Army’s recruitment policy, striking down its reservation of six Judge Advocate General (JAG) posts for men and only three for women. The apex court ruled that such a skewed allocation violated the principle of gender equality and directed the creation of a combined merit list for all candidates, regardless of gender.
Court questions ‘arbitrary’ male reservation
A Bench of Justices Dipankar Datta and Manmohan held that the executive cannot reserve specific vacancies for men in the name of induction. The judges described the policy as “arbitrary” and contrary to the true meaning of gender neutrality under the 2023 rules.
“The Union shall select the most meritorious candidates. Restricting the seats for women is violative of the right to equality. No nation can be secure if such policies are followed,” the court observed.
The ruling came in response to petitions filed by two women who had secured the fourth and fifth ranks in the merit list but were denied posts because of the male-heavy vacancy allocation.
Petitioners’ fight for equality
The petitioners challenged a 2023 notification earmarking six vacancies for men and only three for women. Their counsel argued that this allocation deprived highly ranked women candidates of their rightful posts.
In August 2023, the court had issued notice in the matter and directed that two vacancies be kept vacant until a final decision. By May this year, the Bench indicated it was “prima facie satisfied” with the case made by one petitioner and ordered her induction.
Government’s defence rejected
The Union of India, represented by Additional Solicitor General Aishwarya Bhati, argued that JAG posts were gender neutral and that the 50:50 ratio applied from 2023 onwards. However, the court was unconvinced, pointing to the practical disadvantage women faced under the notified allocation.
Verdict and relief granted
In its final order, the court directed the Army to conduct recruitment by preparing a single merit list without gender-based reservations. The first petitioner will be commissioned into the JAG department as per the earlier interim order, while the second petitioner did not receive any relief.
This landmark ruling reinforces the judiciary’s stance on dismantling systemic gender barriers in military recruitment and ensures that merit takes precedence over arbitrary quotas.