- Delhi High Court ruled that women officer candidates (for the Indian Army) can be shortlisted for remaining male posts, even when the women's quota is already filled
- The judgment was delivered on September 16 by Justices C Hari Shankar and Om Prakash Shukla
- There should not be any limitation regarding the number of women to be inducted, the court held
The Delhi High Court has ruled that women officer candidates are eligible for vacant posts meant for males, even if the women's quota has already been filled.
In its September 16 order, a Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla said no cap can be put on the number of women brought in.
The matter was initiated by some women candidates who had applied for Short-Service Commission, pointing out that 169 seats were for men and 16 for women.
While 169 males were offered vacancies, only 107 were utilized and 62 remained unutilized, only 16 women got call-up letters when there were 103 on the merit list.
The petitioners contended that although the standard for men was 180 marks, numerous women who scored above them were not given call-up letters, and as a result, were deprived of an equal chance to become part of the Army.
Their advocate, Col Indra Sen Singh (retd), also referred to the Supreme Court's judgment in Arshnoor Kaur vs Union of India, which decided that once women are allowed entry into certain branches of the Army under Section 12 of the Army Act, 1950, their recruitment cannot be restricted through executive orders.
If so, female candidates for the Judge Advocate General's Department had successfully opposed limitations that barred them from being recommended against vacant male positions.
The Delhi High Court has remarked that the interpretation of the Supreme Court implies that the proportion of women in notified corps or branches cannot be limited, nor can the posts of men be reserved for men only by way of advertisements or executive orders.
It also remarked that Section 12 of the Army Act provides no scope for restricting the degree to which women are inducted.
In line with this, the Bench ordered that the petitioners be considered against the 62 vacant male positions but made it clear that they may only be inducted into services and the corps specified in Arshnoor Kaur.
At present, 10 corps and branches permit the induction of women officers. The decision by the ruling implies that women should be permitted to compete for all openings in a batch on an equal footing with men, which may impact future selections.
