Army blinks after SC warns it of contempt

PERMANENT COMMISSION FOR WOMEN

- Abraham Thomas

The army may be supreme in its own authority, but the constitutional court is supreme in its own jurisdiction

NEW DELHI: The Supreme Court on Friday spared the army of contempt proceedings after the latter changed its position on denying permanent commission to 72 women short service commission officers, agreeing to grant it to all women officers who have qualified on merit and have no disciplinary or vigilance clearance pending against them.

Of the 72 women officers, 36 filed contempt petitions in the top court that were taken up for hearing by a bench of justices Dhananjaya Y Chandrachud and AS Bopanna. These petitions said the Indian Army was in contempt of the apex court's March 25 order that said all women short service commission officers (WSSCOs) who qualify with 60% merit, are medically fit and have secured disciplinary and vigilance clearance, are to be granted permanent commission. In all, 514 WSSCOS qualified on the basis of the 60% benchmark, of which 442 were given permanent commission; the other 72 were denied this by the selection board that met in September 2020. One officer opted for premature release from service, reducing the number to 71.

On Friday, the ministry of defence submitted an affidavit stating that out of 36 officers, 21 have since been granted permanent commission upon review and letters in this regard were issued to them on October 29.

The case of one officer was under consideration, leaving 14.

Of this, the affidavit added, three were found to be medically unfit, while there were serious objections against ll others.

After some prodding from the court, it agreed to grant permanent commission to these ll, and also consider similarly, the case of the 36 others who did not file a contempt petition.

There was no response from the Army on the development.