Kerala High Court Directs Registry To Transfer All Cases Challenging Agnipath Scheme To Delhi High Court

The Kerala High Court on Monday directed the Registry to transfer three petitions relating to the Agnipath scheme to the Delhi High Court so that the matter can be renumbered and be heard along with the other pending similar matters. 

Justice Anu Sivaraman transferred the cases relied on the Apex Court Order directing the transfer of all Agnipath-related matters to the Delhi High Court. This comes after the Kochi bench of the Armed Forces Tribunal refused to hear the challenge.

The writ petitions were filed by the candidates included in the selection process of the Indian Army Notification 2020-21, challenging the cancellation of the finalization proceedings of Soldier cadre recruitment as it is a violation of right envisaged under Article 19(1)(g) of the Constitution of India and also seeking direction for the finalisation of the recruitment procedures, which has been stalled in the final stage due to the issuance of Agnipath recruitment Rally- 2022.

Justice Anu Sivaraman, after hearing the arguments raised by Advocates Siji Antony, John Varghese and P.M Joseph, had previously directed the Registry to number the cases and place them for admission before the bench as the registry had not numbered the petitions flagging them as "defective" on point of maintainability. ASGI Advocate S. Manu appeared for the respondent in the matter.

The petitioners had urged the Court to admit the pleas but the Judge was not inclined. 

In June 2022, a notification issued by the Ministry of Defence implemented a new scheme for recruitment into Armed Forces called Agnipath. The notification also mentioned that all pending appointments, including that of the petitioners, stood cancelled and that all eligible candidates were required to apply fresh for recruitment through this scheme

The Court thereby directed the Registry to transfer the petitions to the Delhi High Court so that the petitions can be renumbered and can be heard along with the other pending cases related to the Agnipath scheme. 

Recently, a Division Bench had disposed of a similar petition filed by 23 candidates as not maintainable, suggesting that the Armed Forces Tribunal (AFT) is the appropriate forum to decide the challenge. In that case as well, it was listed by the Registry as 'defective' but the Court refrained from directing the Registry to accept the petition.

Case Title: Nandu Krishnan R & Ors v. Union of India & Ors. and connected matters