No discrimination shown to Women Officers in promotions: Centre, Army tell SC

The affidavit was filed in response to a petition by some women officers seeking contempt proceedings against the centre and army for alleged “wilful disobedience” of the November 3, 2023 order of the top court directing “a fresh exercise of reconvening Spl No 3 SB (except for those officers who have already been empaneled)” for promotion to the select grade rank of Colonel.

The petitioners contended that the “respondents have committed willful disobedience to the…directions…with ulterior motive to deny empanelment and vacancies to non-empaneled officers, the respondents have, arbitrarily, wrongly and without any valid purpose, included already empaneled officers along with the non-empaneled officers, for promotion to Rank, by the Spl. No. 3 Selection Board conducted between” November 27 and December 9, 2023.

The affidavit said that the Special Selection Board was accordingly reconvened and “acted entirely in terms of the” November 3 order.

Women officers who had already been empanelled were not considered and only their batch mates were considered “only for the purpose of batch concept, which is sacrosanct and being followed in all Selection Boards.”

The petitioners, alleging discrimination, had contended that the male officers who were under consideration for promotion, were not considered together with the batch of officers who were already empaneled.

The affidavit termed the argument “misconceived” and said that “in case of male officers, till date no Special No 3 Selection Board is held nor any waiver is given to them which is given to Women Officers. Male Officers are considered by regular No 3 Selection Board and any other type of consideration beyond three looks is governed by Special Review.”

The matter will come up for consideration of the top court when it reopens after Holi recess on April 1.

The SC in a landmark ruling (Secretary, Ministry of Defence v. Babita Puniya) in February 2020, had directed the government to ensure that women short service officers are given permanent commission in the Army, including command postings.