The Supreme Court has said it will examine allegations of discrimination and denial of permanent commission, even as it will not review the Army’s policy of a 14-year tenure for short-service commission officers (SSCO).
A bench of justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh said this as it took up the appeals on Wednesday against the July 2024 Armed Forces Tribunal’s denial of permanent commissions. The court is considering 84 petitions of the 2010 and 2011 batch SSCOs. The women petitioners have alleged wrong calculation of vacancies and challenged the allocation of only 250 vacancies in a calendar year, and the consideration of two highly unequal and distinct classes, women and gentlemen officers.
In 2020, the Supreme Court smashed the glass ceiling as it granted permanent commission to women officers in the Army, Navy, and Air Force. It had struck down a 2019 circular that foreclosed the chances of women officers applying for commissions and directed the government to give them to all serving women officers who completed 14 years of service.
On Wednesday, the court said the 14-year policy is in the best interest of the nation and the Army. “We are not going to sit over it in judicial review.”
{{/usCountry}}On Wednesday, the court said the 14-year policy is in the best interest of the nation and the Army. “We are not going to sit over it in judicial review.”
{{/usCountry}}Additional solicitor general Aishwarya Bhati, appearing for the government and the Army, produced confidential records to show there was no discrimination in allotting marks. She said the Army seeks to select the best. She added that this requires officers to be mentally and physically strong in keeping with the larger good of maintaining a young and motivated force.
Bhati said the women in the armed forces have done exceedingly well. She added that on average, 40% of women SSCOs got permanent commission (237 out of 564 who opted for it), compared to 481 gentlemen officers (out of 877) between June 2020 and June 2025.
The bench asked Bhati to find out employment avenues open to the SSCOs after they exit the force. The SSCOs are not entitled to a pension. Officers with 20 years of service get a pension.
Bhati told the court that she will get back with this information as the court posted the matter for hearing on Thursday. She cited the nature of the duty entrusted to the armed forces and said the idea is to retain only the best in the force.