The Supreme Court on Friday asked the Centre
not to release from service Short Service Commission women Army officers
challenging the denial of permanent commission to them asking not to
"bring their morale down" in "the prevailing situation".
A bench of Justices Surya Kant and N Kotiswar Singh
which posted a batch of pleas filed by 69 officers for hearing in August, 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 be asked to roam around in the
Supreme Court. They have a better place to be and serve the country,"
Justice Kant said.
Additional Solicitor General Aishwarya Bhati,
appearing for the Centre, said it was an administrative decision based on a
policy to keep the armed forces young.
She 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
Senior advocate Maneka Guruswamy, appearing for
colonel Geeta Sharma, referred to the case of Colonel Sofia Qureshi,
one of the two women officers who had briefed the media on the Operation
Sindoor on May 7 and 8.
Guruswamy said Colonel Qureshi had to approach this
court for a similar relief related to permanent commission and now she has made
the country proud.
The bench without commenting much on the submission
said the case before the top court was purely a legal one, having nothing to do
with the achievements of the officers.
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
(PC) 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 Armed
Forces and similar orders was passed in the case of Navy, Indian Air Force and
Coast Guard.