By PTI
NEW DELHI: The Supreme Court on Monday asked the Army to have a re-look into the case of Women Short Service Commission Officers, who were denied Permanent Commission (PC) as they failed to get threshold 60 per cent marks after being assessed on the basis of UAC based evaluation system.
A bench of Justices DY Chandrachud and AS Bopanna asked Additional Solicitor General Sanjay Jain and senior advocate R Balasubramanian, appearing for Centre and the Army, to take into account the updated Annual Confidential Report (ACR) of the officers beyond the fifth and tenth year of their service.
The top court was hearing a plea of nearly half a dozen women officers, who have claimed that they have been denied a permanent commission as they were assessed on the basis of a faulty UAC system.
“We are not saying ignore the Unit Assessment Card (UAC) system but please have a look into the updated ACRs. If they have outstanding ACRs, then dispensing them will be a disservice to the Army and the nation”, the bench said.
The UAC system prevailed in the Army from 1999 to 2005 and was abolished by the Army in 2005.
It was replaced with an ACR-based evaluation system for grant of the Permanent Commission (PC).
Jain said that he and senior advocate Balasubramanian will look into each of the cases and sought time to seek instructions from the concerned officers.
The bench said, “Probably, this may be the last leg of officers, who have been left out of permanent commission. We need to iron out some creases and put a lid on the entire issue. Look into their case. If they still don’t cross the 60 per cent criteria, then they are out but have a look into all the aspects. If considering ACR, they cross the 60 per cent mark, then nothing remains in UAC”.
The top court said that it is not finding fault with the UAC system and every department has its own evaluation system and it is impressed with the way the Army has handled this issue.
During the hearing, Jain said that the Army has followed what the top court has said in its judgement that the candidate should have 60 per cent marks and in the case of these women officers, they have not got 60 per cent criteria.
He said that even the Delhi High Court has refused to accept their plea on the ground that 60 per cent criteria fixed by the Supreme Court are not met by these officers.
Senior advocate Huzefa Ahmadi, appearing for some women officers, said that most of them have not crossed 60 per cent criteria as they have been assessed by faulty UAC system, and if the Army only takes into account their ACRs, then they will cross 60 per cent marks.
He said that when Army has found the earlier UAC system as faulty and replaced it with a new system, then how can they assess these officers based on the faulty system.
The bench said that it is granting time till December 10 to the ASG Jain and senior advocate Balasubramanian and they will have a re-look into the issue.
On November 12, the top court had threatened the Army with contempt action against it and its Chief Manoj Mukund Naravane over non-compliance with its earlier orders after which the defence force had agreed to grant PC to all of its eligible women officers.
The Army had initially said that out of the 36 Women Short Service Commission Officers (WSSCO) in the force, who have filed the contempt petition, it has granted PC to 22 officers while 14 were not considered fit including three on medical ground.
The top court had said that all the individual cases will be dealt with in accordance with law and did not proceed with initiating the contempt action against the Indian Army and its Chief.
With the direction of the top court, 68 out of the total 71 WSSCOs who were earlier denied PC were granted the permanent commission.
Initially, 72 officers were denied the PC but later one officer had opted to quit.
Three officers have been found medically unfit.
On October 8, the top court had directed the Centre to issue orders granting PC to 39 such officers in seven working days and furnish the details of 25 officers with reasons, who were not considered.
On October 1, the top court had restrained the Army from discharging the 72 WSSCOs, who were not considered for PC, till further orders and had sought a reply within a week on why they were not considered for the service.
The women officers have alleged that the top court’s March 25 ruling was not considered by the Army and all 72 of them were rejected from consideration for the PC at one go.
In its March 25 verdict, the Army was directed by the top court to consider granting PC to the WSSCOs subject to their obtaining 60 per cent marks in the assessment subjects, being found fit on medical criteria as per the August 1, 2020 order of the Army and having received disciplinary and vigilance clearances.
On February 17 last year, in a landmark verdict, the top court had directed that women officers in the Army be granted a permanent commission, rejecting the Centre’s stand of their physiological limitations as being based on “sex stereotypes” and “gender discrimination against women”.
The apex court had directed that within three months, all serving SSC women officers have to be considered for PCs irrespective of them having crossed 14 years or, as the case may be, 20 years of service.
