The Indian Army on Friday said it will grant Permanent Commission (PC) to all women officers, including those who have not approached the court, who meet the criteria stipulated in the March judgment in Lt. Col. Nitisha’s case.
The decision came after the Supreme Court in a ruling on Friday directed the central government to grant PC within three weeks to all those officers who are yet to approach the court but meet the eligibility criteria, NDTV reported.
The Centre relented only after the top court said it will hold the Indian Army guilty of contempt of Court.
“We will hold the Army guilty of Contempt. I am putting you on guard. Army may be supreme in its own authority but the constitutional court of the country is supreme in its own jurisdiction,” Justice DY Chandrachud said.
In October, a bench of Justices DY Chandrachud and BV Nagarathna had told additional solicitor general Sanjay Jain and senior advocate R Balasubramanian to personally look into the issue as its order was clear that if the women officers have got 60 per cent marks and they clear medical fitness tests and got clearances of vigilance and disciplinary, they need to be considered.
Jain, at the outset, said they have filed an affidavit in this regard which shows that their conduct was considered by the special selection board after which they were not found fit.
On October 1, the top court had restrained the army from discharging the 72 WSSCOs, who were not considered for PC, till further orders and had sought a reply within a week on why they were not considered for the service. The women officers had alleged that the top court’s March 25 ruling was not considered by the army and all 72 of them were rejected from consideration for the PC at one go.
In its March 25 verdict, the army was directed by the top court to consider granting PC to the WSSCOs subject to their obtaining 60 per cent marks in the assessment subjects, being found fit on medical criteria as per the August 1, 2020 order of the army and having received disciplinary and vigilance clearances. On March 25, the top court had said the evaluation criteria set by the army for granting permanent commission to women SSC officers constituted systemic discrimination which has caused economic and psychological harm and an affront to their dignity.
The apex court had directed that all women officers, who have fulfilled the cut-off grade of 60 per cent in the Special No 5 Selection Board held in September last year, shall be entitled to grant of PC subject to their meeting medical criteria prescribed by the general instructions dated August 1, 2020, and receiving disciplinary and vigilance clearance.
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