The Supreme Court on Friday (November 3) said the Army's attitude of refusing to empanelment of women officers as colonels is 'arbitrary'. Along with this, the court directed the officers to reconvene the special selection board for their promotion within 15 days.

A bench headed by Chief Justice DY Chandrachud condemned the attitude of the Army for finding a way to eliminate the due rights of women officers. The bench said, “Such an approach adversely affects the need to provide justice to those women officers who have fought long and hard to get their due rights.

The bench comprising Justices JB Pardiwala and Manoj Mishra said, "The manner in which the cut-off has been applied for calculating the CR of women officers for empanelment as colonels is arbitrary, as it is in line with the Army's This is contrary to the Policy Circular and the decision of this Court."

The top court said that the laid down policy framework makes it clear that all confidential reports (CRs) are required to be considered after nine years of service. It said that in the present case the cut-off was arbitrarily implemented to bring women officers at par with their male counterparts.

The Supreme Court also rejected the argument that the number of vacancies was inadequate to accommodate the officers.

The Court said, “In this regard, it is important to note that the Court in its order dated November 21, 2022 had recorded the statement of the Army authorities that as per our decision 150 vacancies were to be made available. 108 vacancies have been filled, hence the basis of non-availability of vacancies will not be available."

The bench, in its order, said, “We order and direct that the process of reconstituting the Special Selection Board 3B (for promotion as Colonel) be initiated within 15 days of this judgment. The last two CR "All confidential reports except those submitted will be taken into consideration.

To minimize controversy, the Attorney General says a cut off of June 2021 should be considered."Supreme Court was hearing the petitions filed by those women officers of the Indian Army who have been given permanent commission. The dispute pertains to his not being included in the panel for promotion to the post of Colonel by selection.

The apex court had said in 2021 that the evaluation criteria set by the Army for granting permanent commission to women Short Service Commission officers amount to systematic discrimination, which has caused economic and psychological harm and insulted their dignity.