New Delhi
Eliminating “anachronistically artificial chromosomal distinction” between men and women is a vital constitutional objective, the Delhi high court has held, while directing the central government to consider appointing five women candidates as Short-Service Commissioned Officers (Non-Tech) in the Indian Army, against unfilled vacancies originally reserved for men.
A bench of justices C Hari Shankar and Om Prakash Shukla delivered the verdict on Tuesday, while dealing with the plea filed by five women, seeking directions to the Centre for their appointment to the unfilled posts, reserved for men.
The women candidates had appeared for the Combined Defence Services Examination conducted by the Union Public Service Commission (UPSC) for recruitment to Short Service Commission (Non-Tech) posts. As per the official notification, 169 vacancies were allotted for men and 16 for women. Although the petitioners successfully cleared the examination, they were unable to secure a spot due to the limited number of seats reserved for women.
The Centre’s lawyer additional solicitor general Chetan Sharma opposed the petition arguing that the policy limiting the number of women in the Armed Forces through the Short Service Commission was reasonable and necessary. He said it was based on concerns about combat readiness and the possibility of recruits being involved in dangerous operations, such as insurgency missions.
Considering the contentions, the bench in its 18-page verdict released on Wednesday said, “Elimination of the anachronistically artificial chromosomal distinction between women and men is a cherished constitutional goal, and the Supreme Court has, especially in recent times, been, through one judicial pronouncement after another, been pushing the envelope to the maximum possible extent. We have to carry the torch forward. We, therefore, direct that the petitioners be considered against the 62 unfilled vacancies of men, as there could have been no limitation on the number of women who could be entitled to recruitment against the corps and services.”
{{/usCountry}}Considering the contentions, the bench in its 18-page verdict released on Wednesday said, “Elimination of the anachronistically artificial chromosomal distinction between women and men is a cherished constitutional goal, and the Supreme Court has, especially in recent times, been, through one judicial pronouncement after another, been pushing the envelope to the maximum possible extent. We have to carry the torch forward. We, therefore, direct that the petitioners be considered against the 62 unfilled vacancies of men, as there could have been no limitation on the number of women who could be entitled to recruitment against the corps and services.”
{{/usCountry}}It clarified that their deployment against the unfulfilled posts would be conditional upon them being found suitable.