Supreme Court strikes down Centre's JAG post reservation for men

The Supreme Court on Monday (August 11) struck down the Centre’s decision to reserve six out of nine Judge Advocate General (JAG) posts in the Army for men, leaving only three posts for women candidates.

Hearing the petition filed by two women who sought to be appointed to the post of JAG but were aggrieved due to the 2023 government notification, which reserved six posts for men and left only three for women, the apex court instructed the Centre to prepare a combined merit list of all candidates regardless of their gender.

‘Govt’s move arbitrary’

A Bench of Justices Dipankar Datta and Manmohan termed the Centre’s move as “arbitrary” and stated restricting the number of vacancies for women was a violation of the right to equality, adding that no nation could be secure if such policies are followed.

"The executive cannot reserve vacancies for men. The seats of 6 for men and 3 for women is arbitrary and cannot be allowed under the guise of induction. True meaning of gender neutrality and 2023 rules is that Union shall select the most meritorious candidates. Restricting the seats of women is violative of right to equality,” stated the court as quoted by the Bar and Bench.

“No nation can be secure if such policies are followed. Union is directed to conduct recruitment in the aforesaid manner and publish combined merit list for all candidates which includes men and women candidates," it added.

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‘No relief for second petitioner’

While the court instructed the Centre to induct petitioner 1 as JAG, it stated that the second petitioner was not entitled to any relief.

"Union is directed to induct petitioner 1 to be commissioned in JAG department. The second petitioner is not entitled to any relief," stated the court.

During the hearing, the counsel for the petitioner submitted that the two petitioners, despite having secured the fourth and fifth ranks among various candidates, could not qualify for appointment to the post of JAG as more seats were earmarked for male candidates.

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The backdrop

While issuing notice in the case in August 2023, the court also instructed the Centre to keep the two notified vacancies open pending a final decision. The apex court in May, while reserving its verdict, stated that it was "prima facie" satisfied with the case made out by one of the petitioners and instructed the government to induct her.

The Supreme Court also asked the Government why it kept fewer posts vacant for women, as it turned down Additional Solicitor General Aishwarya Bhati’s argument that the JAG posts were gender neutral and that a 50:50 ratio is the selection ratio from 2023 onwards.