Punjab & Haryana High Court Seeks Defence Ministry's Response On Plea Challenging 89% Reservation For Men In SSC Air Force Ground Duty Branch

The Punjab and Haryana High Court has sought response from Union government on a PIL challenging 89% reservation for men in Short Service Commissioned (SSC) Officers in the "ground duty" branch of the Indian Air Forces.

A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji issued notice to the Union of India, Ministry Of Defence and Chief of the Air Staff, Director, Directorate of Personnel (Officers).

Captain Sukhjit Pal Kaur Sanewal (Retd.), a female retired Short Commissioned Officer of Indian Army, moved High Court aggrieved by the advertisement issued by the Union in December last year for the course commencing in January 2025, in which "89% vacancies are reserved for males while keeping 11% for females."

The 89% reservation policy is violative of Articles 14, 15 and 16 of the constitution and also the law laid down by the Constitutional Courts in a number of cases, the plea said.

The petition submits that the "gender discrimination" is detrimental to national and greater public interest wherein women with much higher merit would not be granted appointment in Ground Duty Branches, while men with much lower merit would be appointed instead.

Reliance is placed on Secretary, Ministry of Defence vs Babita Puniya and Others in which the Supreme Court directed that Permanent Commission should be granted to women in army regardless of their service, in all the ten streams.

"An absolute bar on women seeking criteria or command appointments would not comport with the guarantee of equality under Article 14. Implicit in the guarantee of equality is that where the action of the State does differentiate between two classes of persons, it does not differentiate them in an unreasonable or irrational manner," SC had observed.

The plea also refers to Gopika Nair v. Union of India (2023) stating that "the Respondents in an exactly similar situation had indulged in reservation for males in selection process for Army Dental Corps, the Hon'ble Supreme Court had made strong observations in an order highlighting the anomalous situation has arisen due to the stand of the Respondents. Further, the Court found that, prima facie, the deprivation of highly meritorious female candidates from participating in the selection process is putting the clock in reverse direction."

The matter was disposed of vide orders passed in May, 2023 wherein the statement of Union of India was recorded that selections hereinafter would be made in a gender-neutral manner, the plea added.

The petitioner also seeks stay on the final merit list in consequence of the advertisement, till the pendency of the petition.

The matter is listed for May 22.

Advocates Navdeep Singh, Janeet Kaur and Roopan Atwal appeared for the petitioner.

ASG Satya Pal Jain for the Union Government.

Title: Captain Sukhjit Pal Kaur Sandal (Retd.) v. UOI & Ors.