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Supreme Court Directs Union of India to Clarify Empanelment Procedures for Army Officers

The Supreme Court of India issued a recent order directing the Union of India to submit an affidavit outlining the steps and procedures taken in the empaneling of both male and female army officers. This directive came during the hearing of a contempt petition filed by women army officers, alleging a violation of previous court orders regarding the grant of permanent commission to women officers. The bench, consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, scheduled further hearing on March 11, 2024.

The previous court directions issued on November 3, 2023, mandated a fresh exercise of reconvening Special No. 3 SB for all women officers considered in earlier proceedings, except those already empaneled. Senior counsel Mr. Huzefa Ahmadi, representing the applicants, argued that considering other empaneled officers would breach these directions. In response, Attorney General of India Mr. R Venkataramani, representing the Union of India, argued that empanelment is based on comparative merit among officers of the same batch. He emphasized that empaneled officers should not be disturbed, but benchmarking is necessary for fresh considerations.

Furthermore, Senior Counsel Ahmadi raised concerns over a perceived discrepancy in the treatment of male and female officers during empanelment. He argued that male officers were not subjected to a similar benchmarking process and urged against discrimination. In response, the bench directed the submission of an affidavit to clarify these positions and listed the matter for further hearing on March 11, 2024.

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