26 February 2024 Administrative Law >> Constitution & Law Procedure  

Summary:

This case involved Commander Seema Chaudhary, a Judge Advocate General (JAG) Branch officer commissioned under the Short Service Commission (SSC) program in the Indian Navy (the Navy) in 2007. The central issue revolved around her eligibility for Permanent Commission (PC) within the service.

Background:

The determination of Cdr. Chaudhary's eligibility for PC hinged on the interpretation of two key Policy Letters (PLs) impacting women SSC officers:

• PL dated 25 February 1999: This PL established a framework for considering women SSC officers, including Cdr. Chaudhary, for PC under existing regulations.
• PL dated 26 September 2008 (Prospective): This subsequent PL restricted PC eligibility for women SSC officers to specific branches, including JAG, but with prospective effect.

Legal Issue:

The case centered on the proper application of these PLs. A pivotal Supreme Court judgement in Lieutenant Commander Annie Nagaraja (2020) clarified that the PL dated 26 September 2008 was not enforceable. This judgement implied that Cdr. Chaudhary, recruited before the latter PL, should be evaluated for PC based on the more inclusive PL dated 25 February 1999.

Procedural History:

Despite the Nagaraja judgement, the Armed Forces Tribunal (AFT) issued an order directing Cdr. Chaudhary's case to be considered alongside officers from later batches (2011 & 2014). This approach introduced an extraneous criterion not mandated by the Supreme Court and potentially prejudiced Cdr. Chaudhary's case.

Holding:

The High Court, upon review, found the AFT's direction to be flawed. The Court held that the AFT's directive requiring Cdr. Chaudhary's case to be evaluated with later batches was invalid. The Court rectified the situation by ordering a fresh consideration of Cdr. Chaudhary's case for PC by a newly constituted Selection Board. This Board is mandated to assess her qualifications and service record on a standalone basis, free from any influence of previous considerations.

Significance:

This judgement represents a significant victory for Cdr. Chaudhary and establishes a vital precedent for ensuring fair treatment of women SSC officers seeking PC. It underscores the importance of clear and consistently applied policies to ensure equal opportunity for all officers within the Navy.

Next Steps:

The High Court has directed the Selection Board to complete its evaluation by April 15, 2024. Cdr. Chaudhary retains the right to pursue further legal remedies if necessary.

  Navy Act, 1957