The Supreme Court on Monday directed the Union Government to commission one of the two women petitioners into the Judge Advocate General (JAG) branch of the Indian Army, strongly criticising the “arbitrary” gender quota currently in place. The bench observed that no nation can be truly secure if such discriminatory policies are allowed to persist.
The court further instructed the Centre to conduct future recruitment on the basis of a unified merit list for all candidates—male and female—without restricting the number of seats by gender. The ruling came in response to a writ petition filed by two women aspirants who challenged the disproportionate allocation of vacancies in the JAG Entry Scheme, where six posts were reserved for men and only three for women.
Delivering the verdict, Justice Manmohan directed that the first petitioner be commissioned into the JAG department, while noting that the second petitioner was not entitled to relief. “The executive cannot reserve vacancies for men. The allocation of six seats for men and three for women is arbitrary and cannot be sustained under the guise of induction,” Justice Manmohan stated.
He further emphasised that the “true meaning of gender neutrality” and the 2023 recruitment rules is that the Union must select the most meritorious candidates, irrespective of gender. Restricting opportunities for women, the bench noted, is in clear violation of the constitutional guarantee of the Right to Equality.
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