Army’s approach of denying women officers empanelment as colonel arbitrary: Top court

The court was hearing petitions by women officers who contended that though the Nitisha ruling had said that their entire profile should be considered, a large portion of their Confidential Records has been excluded from consideration, apparently on the ground of parity with male officers.

As Attorney General R Venkataramani and Senior Advocate Col R Balasubramanium tried to defend the process, the SC said, “In our view, the manner in which the cut-off has been applied for reckoning the CRs for women officers for empanelment as colonels is arbitrary because it is contrary to principles laid down in Nitisha and contrary to policy framework by Indian Army”.

The apex court said the policy framework set out makes it clear that all Confidential Reports (CR) after nine years of service were required to be taken into consideration. It said a cut-off was applied arbitrarily in the present case to equate the women officers with their male counterparts.

The SC also said, “It is important to note that the court recorded in its November 21, 2022 order the statement of army authorities that 150 vacancies were to be made available pursuant to our judgement. 108 vacancies have been filled. The ground of unavailability of vacancies will therefore not be available,” it said, directed that the Special Selection Board (SSB) be reconvened within a fortnight to consider their empanelment.