The Supreme Court on Monday struck down the move to reserve six posts for men in Judge Advocate General (JAG) posts in the Indian army, which had left only three vacancies for women candidates [Arshnoor Kaur v. Union Of India].
A Bench of Justices Dipankar Datta and Manmohan ordered that a combined merit list be prepared instead for all candidates regardless of their gender.
"The executive cannot reserve vacancies for men. The seats of 6 for men and 3 for women is arbitrary and cannot be allowed under the guise of induction. True meaning of gender neutrality and 2023 rules is that Union shall select the most meritorious candidates. Restricting the seats of women is violative of right to equality ... No nation can be secure if such policies are followed. Union is directed to conduct recruitment in aforesaid manner and publish combined merit list for all candidates which includes men and women candidates," the Court said today.
The ruling was passed on a petition filed by two women who sought appointment to the post of JAG (Indian Army) and were aggrieved by a 2023 notification which earmarked 6 posts for men and only 3 posts for women.
Their counsel told the Court that the two petitioners had secured the fourth and fifth rank among various candidates but could not qualify despite this because a larger number of vacancies were earmarked for male candidates.
The Court issued notice in the matter in August 2023, when it also directed that two notified vacancies be kept vacant pending a final decision.
In May this year, while reserving its verdict, the Court had said that it was "prima facie" satisfied with the case made out by one of the petitioners and had directed her induction.
During the hearings, the top court had questioned the Union of India for keeping fewer posts vacant for women, despite claiming the posts to be gender neutral.
It was not persuaded by submissions of Additional Solicitor General Aishwarya Bhati that the JAG posts are gender neutral and that a 50:50 ratio is the selection ratio from 2023 onwards.
In its ruling today, the Court also finalised its earlier directive to appoint the first petitioner to the JAG post.
"Union is directed to induct petitioner 1 to be commissioned in JAG department. The second petitioner is not entitled to any relief," the Court said.