Stating that the move to introduce the Agnipath recruitment scheme for armed forces was “not a decision taken lightly”, the Centre on Wednesday told Delhi High Court that it was based on deliberations, and opinion of defence experts. Operational issues can be “ironed out”, as the scheme is “a work in progress”, the government said. Additional Solicitor General Aishwarya Bhati submitted before the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad that the challenge was not on the scheme's merits or procedure, but on the "wisdom of the decision". Bhati told the court, “The purpose of the scheme is to restructure the retention and intake.process.with a view to have a young combat force who is physically and mentally capable.. We are cognizant of the fact that we are one of the most professional forces in the world.” Bhati also said that the Centre had introduced education-oriented provisions in the scheme. She said candidates who have cleared classes VIII and X will be treated as having passed classes X and XII, respectively, on completion of training. Those joining after completing Class XII will get 50% credit with Indira Gandhi National Open University, she said. Bhati also submitted that the Ministry of Skill Development and Entrepreneurship will carry out skill-mapping of Agniveers, and the ministry is in the process of formulating it. Asked by the court whether Agniveer recruits will be deployed in ad hoc jobs or all across, she submitted that Agniveer will be a separate cadre. On the issue of equal work and equal pay, the court asked the ASG whether the responsibility of an Agniveer is the same as that of a sepoy; if yes, how can they be paid less for the same job. As Bhati said their responsibility is not the same, the court asked her to put this on an affidavit, to which she said she will get instructions on it. She said that the scheme was introduced as a sovereign function of the Union to protect the nation's defence. “This anyway is a work in progress. If there are any issues, they can be ironed out," Bhati said. Advocate Prashant Bhushan, who appeared for some of the petitioners, alleged that their recruitment could not gain finality after the scheme was introduced. “My clients are people who were in the provisional recruitment list,” he said. “They were continuously told for over a year that their call letter will be issued to them and that it was delayed due to Covid-19 or some administrative issues. Then suddenly, when a press conference in June took place, they got to know that their recruitment was cancelled.” He said many petitioners who had got through paramilitary forces gave it up since they were given assurance that their recruitment letters from the Army will come soon. “I have not challenged the scheme.. I submit that it is totally unfair for them to have stopped recruitment at this stage," Bhushan said. The petitioners submitted that even though the Centre had stopped recruitment in their cases, it continued to carry out "rally recruitment" at other locations for the “same jobs”. Bhati said recruitment was not stopped in anticipation of the Agnipath scheme's introduction. “Wherever we could, we carried out recruitment. It is not like we have picked and chosen advertisements in any manner,” she said. The court observed that if they could have carried out the process of recruitment — conduct exams for some of the categories — then they could have done the same for the categories that the petitioners had applied for. The bench asked the ASG to take instructions on this. The matter is listed for hearing next on December 15. The HC is hearing a batch of 24 matters, wherein one bunch challenges the scheme directly; a second bunch pertains to the issue that the ongoing recruitment process is still incomplete despite the scheme; and the third bunch deals with pleas wherein the recruitment process has been completed and yet appointment has not been done.
