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The selection process taken up by army officials in promoting women officers is arbitrary: Supreme Court

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Case title: Nitisha and Others Vs Union of India and Others

Case no.: Writ Petition (Civil) No 1109 of 2020

Decided on: 03.11.2023

Quorum: Hon’ble Chief Justice Dhananjaya Y Chandrachud, Hon’ble Justice Manoj Misra, Hon’ble Justice J B Pardiwala.

 

 Hon’ble Justices observed that “the attitude has been to find some way to defeat the just entitlement of the women officers. Such an approach does disservice to the need to provide justice to the women officers who have fought a long and hard battle before this Court to receive their just entitlement under the law. Even after the judgment in Nitisha case, the women officers have been compelled to move this Court repeatedly for the realization of their rights.”

 

BRIEF FACTS:

The issue was the promotion of female Indian Army officers who had been granted Permanent Commissions in accordance with the Court’s decision in Nitisha case. They were not considered for promotion to Colonel by selection since their CRs were not taken into account. The CRs of the female officers were not evaluated because the cut-off date for CRs was the same as that of the male batches when they were considered by the No 3 Selection Board. As a result, all women officers’ CRs from the 1992 batch onwards till 2005 were not evaluated, and more recent CRs were removed. Women officers in the Indian Army, aggrieved, approached the Court.

 

COURT ANALYSIS AND JUDGEMENT:

The court has categorically said that the way in which the candidates were refused empanelment for the position of Colonel on a selection basis is arbitrary. Aside from violating the fundamental principles of fairness enshrined in Article 14 of the Constitution, the entire approach has been inconsistent with both this Court’s decision in Nitisha and the applicable policy framework established by Army authorities.

The court also directed army officers to take the actions specified by the court. Therefore, the court disposed the application.

 

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Written by – Surya Venkata Sujith

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The Physical Education Teacher who was accused of fabricating and forging certificates was allowed to be instituted into the service – High Court of Rajasthan

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Title: Sanjay Dandich Versus The State Of Rajasthan And ORS.

Citation: S.B. CIVIL WRIT PETITION NO. 6869/2007

Coram: HON’BLE JUSTICE ANOOP KUMAR DHAND

Decided on: 17.10.2023

 

Introduction:

The case’s background shows that the petitioner was appointed by order dated 10.19.2006 and was relieved of his duties by order dated 14.02.2007 on the ground that he got an appointment on the basis of a forged sports certificate. On May 25, 2007, this court made a decision regarding this application, giving freedom for the responders to do independent research concerning the petitioner’s sporting certifications.

Facts:

The petitioner, Sanjay Dadich, was the candidate for the post of Physical Education teacher Grade II, pursuant to the advertisement issued in the year 1998. Initially, the degrees possessed by the petitioner were not considered by the authorities (respondents) on the grounds that the degrees seemed forged and fabricated. The petitioner has filed a Writ Petition numbering 3023/2004 and the court has granted specific directions to the respondents to re-assess the merit of the petitioner and to take the bonus marks of State Level Certificate into consideration. The certificates were duly verified by the respondents and the petitioner was appointed to the said post.

On 14th February 2007, the petitioner was dismissed by the respondents on the grounds that the certificates produced by the petitioner were forged and fabricated. Also, an FIR No. 27/2007 was registered against the petitioner.

 

COURT’S ANALYSIS AND JUDGEMENT:

The Writ petition was partially granted in light of the case’s facts and circumstances as stated above. The ruling dated July 11, 2007, is disposed of and set aside, and instructions are given to put the petitioner back in service.

They have responded and are given permission to conduct additional research against the petitioner, in conformity with the law. Also, this investigation will be finished within six months from the date of receipt of a certified copy of this order.

Stay applications and all pending applications are also discarded. Also, nevertheless, there will not be a cost order.

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Written By- Gauri Joshi

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