SC restrains Centre from releasing women Army officers challenging denial of Permanent Commission

New Delhi | The Supreme Court on Monday clarified that its interim direction to Centre to not release Short Service Commission women Army officers from service till the next hearing on August 6 will be applicable to all the officers who have challenged the denial of permanent commission in the apex court, high courts and the armed forces tribunal.

A bench of Justices Surya Kant and N Kotiswar Singh also said that no adjournment of hearing will be allowed in the matter.

While posting all the matters together for final hearing, the bench had earlier said it will hear Army matters first on August 6 and 7, followed by Navy, Air Force and Coast Guard matters in sequence.

The Centre moved the top court for clarification on its order of May 9 in which it restrained the government from releasing from service till August 6 the 69 officers who challenged the denial of permanent commission before the apex court.

The Centre submitted that there are other officers also who have approached different judicial forums and the relief order of May 9 may create some problems.

The bench said, the interim protection shall apply to all those officers whose matters are pending in the Supreme Court. "Such protection shall also cover those officers whose cases are sub judice before the Armed Forces Tribunal or the High Courts," it said.

The top court said as directed earlier, this transit arrangement shall continue till the next date of hearing without prejudice to the rights of the parties.

"It is made clear that the main case shall be taken up on the date fixed on August 6, 2025, and no adjournment shall be granted," it said.

On May 9, the top court asked the Centre not to release from service SSC women Army officers, who have challenged the denial of permanent commission to them, so as not to "bring their morale down" in "the prevailing situation".

It had posted a batch of pleas filed by 69 officers for hearing in August and said they should not be released till the next hearing.

"In the prevailing situation, let’s not bring their morale down. They are brilliant officers, you can use their services somewhere else. This is not the time that they are asked to roam around in the Supreme Court. They have a better place to be and serve the country," Justice Kant had said in the backdrop of India-Pakistan hostilities.

It had ordered, "Without prejudice to the rights of both sides and without creating any equity in favour of the officers, it is directed that all the officers who are presently in service, including Lt. Col. Geeta Sharma (applicant), shall not be relieved and be allowed to continue till the next date(s) of hearing".

During the hearing, additional solicitor general Aishwarya Bhati, appearing for the Centre, had said it was an administrative decision based on a policy to keep the armed forces young.

She had urged the top court not to grant any stay on their release and said the Indian Army needed young officers and every year, only 250 personnel were granted permanent commission.

Senior advocate Maneka Guruswamy, appearing for Col Geeta Sharma, had referred to the case of Colonel Sofiya Qureshi, one of the two women officers who had briefed the media on the Operation Sindoor on May 7 and 8.

Guruswamy said Col Qureshi had to approach this court for a similar relief related to permanent commission and now she has made the country proud.

In its February 17, 2020, the top court said absolute exclusion of women from all positions, except staff assignments, in the Army was indefensible and their blanket non-consideration for command appointments without any justification couldn't be sustained in law.

The apex court, which allowed permanent commission to women officers in the Army, said an absolute prohibition of women Short Service Commission officers to obtain anything but staff appointments evidently did not fulfil the purpose of granting PC as a means of career advancement in the Army.

The top court also referred to the distinctions achieved by women officers, and put out an example of Col Qureshi's achievements.

Since the 2020 verdict, the top court has passed several orders on the issue of permanent commission to women officers in the Armed Forces and similar orders were passed in the case of the Navy, Indian Air Force and Coast Guard.