In an important judgement promoting gender equality in the armed forces, the Supreme Court on Monday struck down the Indian Army’s policy of reserving certain vacancies in the Judge Advocate General (JAG) Entry Scheme exclusively for men.
The bench of Justice Dipankar Datta and Justice Manmohan called it ‘arbitrary and discriminatory.’
The Supreme Court was hearing a writ petition filed by two women aspirants, who had challenged the disproportionate allocation of vacancies between male and female candidates.
The petitioners contended that reserving 6 seats for men and only 3 for women was discriminatory and violated the right to equality under the Constitution.
The Apex Court upheld the contention partially and directed the Union government to commission Petitioner 1 into the JAG department.
However, the Court found Petitioner 2 ineligible for any relief.
The court observed that true gender neutrality under the 2023 recruitment rules demands that the most meritorious candidates be selected, regardless of gender.
Justice Manmohan stated, ‘No nation can be secure if such policies are followed.’
The Court ordered the Union to conduct future recruitment through a single, combined merit list for all candidates, men and women alike.
