The Supreme Court of India has taken cognizance of a writ petition highlighting gender disparity in the allocation of vacancies for the Judge Advocate General (JAG) posts in the Indian Army. The petition, filed by two aspiring women candidates, challenges the notification dated January 18, 2023, for the JAG Entry Scheme 31st Course, which allocates a significantly lesser number of vacancies for women compared to their male counterparts.
The petitioners, who secured the fourth and fifth ranks among women candidates, argue that the notification's allocation of six vacancies for men and only three for women is discriminatory. This unequal distribution of vacancies denies equal opportunity and violates the non-discrimination guarantee enshrined in Articles 14 and 15(1) of the Constitution. The petition emphasizes that such practices perpetuate implicit biases and hinder the functioning of the Indian Army.
A bench consisting of Justices Hrishikesh Roy and Pankaj Mithal issued notice to the Union Government, returnable within four weeks, and ordered a temporary stay on filling two of the notified vacancies until the matter is further examined. The Court expressed concerns over the shortlisting process, highlighting the lack of transparency and non-disclosure of marks during different stages of the selection procedure. The petitioners pointed out inconsistencies and called for adherence to the principles of natural justice, equity, and good conscience.
Senior Advocate Gopal Sankaranarayanan, representing the petitioners, justified the direct approach to the Supreme Court, citing its history of entertaining pleas related to gender inequality in the armed forces. The Court agreed to examine the matter and issued the notice to the Central government.
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