Supreme Court Questions Army Over Holding Special Selection Boards Only For Male Officers' Promotion & Not For Women

The Supreme Court on Monday asked the Indian Army why it is not holding special selection board for the promotion of women officers in pursuance of the judgments upholding their entitlement for permanent commission, while holding such selection boards for male officers.

Senior Advocate V Mohana submitted that Women Short Service Commission Officers are not able to reap the benefits of the Supreme Court judgments which opened the avenues for them to seek Permanent Commission, as the selection boards for promotion have been held only for male officers. She submitted that while on the one hand, no steps have been taken to comply with the judgment of this Court dated 25 March 2021 in the case of Lt Col Nitish & ors v Union of India & Ors, the Army authorities have granted promotions to junior batches of male officers.

Without appreciating the discrimination against women officers, a bench led by the Chief Justice of India DY Chandrachud asked Army's counsel Senior Advocate R Balasubramamnian, "Why are you holding the boards for male officers and not holding them for women?".

Balasubramanian requested two weeks time saying that special clearance is required from the Ministry of Finance as 150 additional vacancies are required to be filled up.

"Finance clearance is required when it comes to us. But when it comes to male officers, no extra vacancies are required?", Mohana asked in response.

"Don't hold a special selection board for male officers", CJI Chandrachud told army's counsel. The CJI pointed out if the special board is held only for male officers, they will be getting seniority, stealing a march over women officers.

Issuing notice on the miscellaneous application filed by the women officers, the bench listed the matter for December 5.

Mohana requested the bench to stall the implementation of the promotions for male officers. "Why is it additional vacancies for me and not for them? My juniors are all above me now. My client is the senior most and she has not been called into one SSB".

Balasubramanian informed the bench that results of the boards are out and only the implementation is left.  "Just call after two weeks. I am giving an assurance. Results have already been declassified. It is only a question of physical promotion. I will look into it", he said.

"Don't grant promotions in the mean time, and all these women are to be given original seniority", CJI orally told Balasubramanian.

Case Title : Nitisha v. Union of India: MA 1913/2022 in WP(C) No. 11092020

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