BREAKING - Delhi High Court Dismisses Petitions Challenging Agnipath Scheme

The Delhi High Court on Monday dismissed the pleas challenging Central Government’s Agnipath scheme. The court said it does not find any reason to interfere with the scheme. 

"All petitions challenging Agnipath Scheme are dismissed," said the court. 

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad pronounced the judgment. The decision was reserved on December 15 last year.

The court said that the Scheme was made in national interest and to ensure that armed forces are better equipped.

While also dismissing the petitions resumption and enrolment as per previous recruitment scheme in defence services, the court said that the petitioners do not have a vested right to seek recruitment. 

Out of 23 total petitions, five had challenged the Agnipath scheme. The other 18 petitions, which sought appointment as per previous recruitment scheme, have also been dismissed.

Advocates Prashant Bhushan, Ankur Chibber, Kumud Lata Das, Manoj Singh, Harsh Ajay Singh, Manohar Lal Sharma and various others appeared for petitioners.

Central Government was represented by ASGs Aishwarya Bhati and Chetan Sharma, along with CGSCs Anurag Ahluwalia, Harish Vaidyanathan, CGSC and Kirtiman Singh.

The apex court had earlier transferred various writ petitions challenging the Agnipath recruitment scheme to the High Court, where similar petitions were already pending.

Seeking dismissal of the petitions, the Centre had told court that defending India's territory requires an agile, youthful and technologically sound armed forces.

The government further argued that the objective of the scheme is to have a young combat force which is physically and mentally capable of taking the new challenges anticipated by experts.

Based on detailed deliberations over an extended period of time with all stakeholders, the Centre said, a model comprising a well experienced permanent cadre with niche operational and technical skills "supported by a youthful and a well-equipped support cadre comprising dynamic rank and file" was envisaged.

On the aspect of four years duration of the service of Agniveer recruits, the Centre said that the duration of training has been optimised to meet the organisational requirement.

It was submitted that all recruitment into Armed Forces will be conducted only through Agnipath Scheme, utilising contemporary technology, practices and systems to select the most capable youth for a period of four years.

It was also submitted that the decision to introduce the scheme was not taken lightly and that a lot of study went into the policy. It was further said that the Ministry of Skill Development and Entrepreneurship is working on skill-mapping of the Agniveers.

Title: HARSH AJAY SINGH v. UNION OF INDIA AND ORS and other connected matters

Citation: 2023 LiveLaw (Del) 184