Centre Assures Supreme Court: No Discrimination in Awarding Permanent Commission to Women SSC Officers
The Union government on Wednesday informed the Supreme Court that gender discrimination is not practiced in issuing Permanent Commission (PC) to women officers under the Short Service Commission (SSC). The Centre asserted that the Army has uniform and merit-based criteria for all applicants, making the procedure gender-neutral.
A bench of Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh was considering a series of petitions by active and retired women officers. These officers claimed that, though they served in difficult terrain and participated in significant operations — Galwan, Balakot, and Operation Sindoor - they were unjustly deprived of PC.
Centre's Position
Presenting on behalf of the government and the Army, Additional Solicitor General Aishwarya Bhati argued that Annual Confidential Reports (ACRs) are strictly gender-neutral and evaluated purely on merit.
"There is a strict regime in the Army, and the name of the officer isn't even available to the selection board at the time of evaluation. There's absolutely no question of discrimination," Bhati informed the court.
She made it clear that although "criteria appointments" — like posting in operationally sensitive or hostile environments — are considered in the assessment, they do not become the only criterion for awarding PC. "There are various facets of the ACR considered. Criteria appointment is one of them," she said.
Court's Concerns
The bench, however, asked questions regarding the inconsistency in the policy of selection. The judges cited that in certain SSC batches, candidates with 80 marks were rejected, whereas in other batches officers with 65 marks made it to the selection.
The bench warned the government, stressing that the women officers must never get the impression that they are being marginalized in the PC selection.
Women Officers Arguments
The petitioners maintained that their important contributions — such as service in conflict zones and high-altitude areas — were being overlooked. They also asserted that the Centre had not wholly adhered to the Supreme Court's previous judgments in 2020 and 2021, which instructed equal opportunities for women in the Army.
Structural Limitations
In reply, Bhati referred to some structural problems, like the disparity between permanent and SSC officers. She indicated that there is a limitation of 250 officers whom one can shortlist for PC every year, based on relative merit in a batch.
What Lies Ahead
The Supreme Court will continue hearing Bhati’s submissions on Thursday as it examines whether flaws in the existing policy framework continue to disadvantage women SSC officers despite repeated judicial directions in their favor.
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