Women’s permanent commission: SC seeks special board results

Allaying apprehensions of petitioners, senior advocate R Balasubramanian appearing for army said that the board for the 246 women officers will be held on January 9 and will continue till January 24.

The Supreme Court on Tuesday directed the army to produce the results of the selection board deciding on the posting for nearly 246 women permanent commission officers by January 30 and told the army to not adopt “restrictive standards” vis-a-vis male officers.

The bench said, “An updated affidavit setting out the results of SSB-3 will be filed by January 30.” (HT Photo)

A bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice PS Narasimha said, “Stick to the Nitisha judgement (of March 2021). See to it that non-writing of ACRs is not taken into account against the petitioners.” The court was dealing with a plea filed by 34 women officers who alleged discrimination by the army for convening a Special Selection Board-3 (SSB-3)for male counterparts while refusing a similar board for women officers for nearly nine months since the SC judgment.

Allaying apprehensions of petitioners, senior advocate R Balasubramanian appearing for army said that the board for the 246 women officers will be held on January 9 and will continue till January 24. He informed that the results of the board will be released soon after the completion of the proceedings.

Regarding the ACR evaluation, Balasubramanian said, “The promotion policy records the ACRs of lieutenant colonel which is their current position as also one rank held earlier, that of major. Only these ACRs will be taken into account by the board.”

The bench said, “An updated affidavit setting out the results of SSB-3 will be filed by January 30.”

The women officers represented by senior advocate V Mohana urged the court that till the results of the special board that will consider their case is declared, even the results of the male officers should not be given effect to. She pointed out that the male officers are pursuing the mandatory course prior to taking up posts and once it will happen, the women officers will be subordinate to their junior male counterparts.

Balasubramanian, however, assured the court: “The petitioners’ grievance was that the board has not been convened. Now that is met. Whatever posts are given to male officers will be given to female officers as well. They will not be put to any disadvantage over the delay in holding the board.” The army had justified the delay in convening the board for women PC officers citing a pending approval from Centre for creating 150 additional posts.

Earlier on December 9, the top court had told the army, “We feel you have not been fair to these women officers,” and asked the armed force to set its house in order.

The women officers in their petition said: “Even after 18 months from the judgment dated March 25, 2021, the respondents (army) have not conducted Special No. 3 Selection Board, due to which consequential benefits including promotion, financial benefits, study leave, deputation, absorption etc. have not been granted to the women officers.”

The women officers had seniority ranging from 1992 to 2007 and some were even set to retire by next year. The application filed on their behalf stated that on November 23, 2021, the army announced that as an “exception and one-time measure”, a Special No. 3 Selection Board was to be conducted for women officers, to promote them to the colonel rank (select grade).

The petitioners were required to undergo Middle Level Tactical Orientation Course (MLTOC) to become fully eligible for consideration by the selection board. Despite this, the selection board was not held, they claimed.