New Delhi, March 25
The Supreme Court on Thursday directed the Army to consider granting permanent commission to women officers within a month and allow permanent commission for those eligible within two months after following the due process.
It said all women officers fulfilling the grade of 60 per cent shall be entitled to grant of permanent commission subject to medical criteria.
Rejecting the existing benchmarking formula, it also tweaked the medical criteria.
The Army’s benchmarking for ACRs was discriminatory and arbitrary as it worked to the disadvantage of the women officers opting for permanent commission, it noted.
Delivered by a Bench led by Justice DY Chandrachud, the order is likely to benefit more than 150 women officers.
“The structures of our society has been created by males for males, equality is a farce if this doesn’t change and women get equal opportunity,” Justice Chandrachud said.
“These women officers don’t come to this court for a charity but implore to give them the right to equality,” said the top court, noting that its 2020 judgment for grant of permanent commission to women officers hasn’t been implemented properly by the Army.
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, the top court said.
Most of these woman officers were denied permanent commission on the ground of fitness standards.
It held that applying the Shape 1 Fitness rule to women officers would be arbitrary.
“Superficial face of equality will not be in consonance with the principles enshrined in the Constitution,” the top court said.
It said women officers who were excluded from permanent commission in November 2020 based on non-compliance with Shape 1 Fitness standards are entitled to continue as permanent commissioned force till they fulfill the Fitness criteria needed for continuance in service.
“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,” it said.
It rejected the Centre’s contention that such additional standards were set since the usual upper limit of 250 permanent commissions a year was not followed this time in view of its landmark judgment delivered last year.
