'Marriage And Training Have No Correlation With Each Other': Delhi High Court Questions Centre's Policy Of Excluding Married Candidates In JAG

Marriage and training can have "no correlation with each other", said the Delhi High Court on Wednesday while hearing a plea against exclusion of married male and female candidates on the basis of their marital status in recruitments of the Judge Advocate General (JAG) department, the legal arm of Indian army.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a public interest litigation filed by one Kush Kalra against the bar on considering married individuals for appointment in JAG.

The plea seeks appointment of candidates aged 21 to 27 years, both male and female, whether married or unmarried, in the JAG department.

While initially only married female candidates were restricted entry into JAG, Additional Solicitor General Chetan Sharma today apprised the court as per a fresh advertisement, even married men stand prohibited from the appointments.

"We have said only for training…because the training is physical and mental and for the 11 months period of training….will not allow either married men or women. There is no gender bias. It is at par with the entire Army and is followed in all sections," the ASG said.

He added: "We have to train them in arms also. Suppose there is a contingency also….it will create a problem if married people get into training."

ASG Sharma also submitted that when the terms and conditions for both female male are same, then there can be no question of a gender bias.

"Marriage and training can have no correlation with each other," Justice Prasad orally told Sharma, while questioning the policy and asking the ASG to place on record the rationale behind it on an affidavit.

Responding to the same, ASG Sharma said: "If 42 days leave is granted or taken in whichever way…the 11 months course is annulled and relegated."

However, Justice Prasad said: "The advertisement says that applications are invited from unmarried male and female….If the person is married and goes for training, then how is that anyway going to affect training?"

Chief Justice Sharma also told ASG to inform the court as to whether the said policy is uniform in the Army or if it differs from course to course basis.

Accordingly, the court granted four weeks time to the Centre for filing an additional affidavit in the matter relating to the policy issue regarding entry into the Indian army.

The matter will now be heard on March 22, 2023.

Title: KUSH KALRA v. UOI & ANR