NITISHA AND OTHERS versus UNION OF INDIA AND OTHERS

NITISHA AND OTHERS versus UNION OF INDIA AND OTHERS

The application of cut-off CR dates for women officers by reference to corresponding male batches, which excluded several years of CRs from consideration, was arbitrary and contrary to both the policy framework governing Selection Boards and the principles in Lieutenant Colonel Nitisha; this violated the fundamental principles of fairness under Article 14 and required reconvening Special No 3 SB to reconsider affected women officers within specified directions (with common cut-off June 2021, consideration of retired officer Asha Kale, and non-disturbance of those already empaneled).

Parties
Applicants: Nitisha and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
03 November 2023
Procedural Posture
Miscellaneous Application No.1913 of 2022 in Writ Petition (civil) No.1109 of 2020 / Miscellaneous Applications Disposed of by Supreme Court Judgment Dated 03 November 2023
Outcome
Miscellaneous Applications disposed of; relief granted to applicants in part by directions to reconvene Selection Board and reconsideration
Legal Topics
Permanent Commission, Promotion by Selection, Selection Boards, Confidential Reports (crs), Gender Discrimination, Article 14 Equality
Armed Forces Law Administrative Law Constitutional Law Permanent Commission Promotion by Selection Selection Boards Confidential Reports (crs) Gender Discrimination +1 more

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Parties

Nitisha and Others

Applicants

Union of India and Others

Respondents

Procedural Posture

Miscellaneous Application No.1913 of 2022 in Writ Petition (civil) No.1109 of 2020 / Miscellaneous Applications Disposed of by Supreme Court Judgment Dated 03 November 2023

Legal Issues

  1. 1 Whether Confidential Reports (CRs) of women officers were improperly excluded from consideration for Special No 3 Selection Board causing non-empanelment for promotion to Colonel
  2. 2 Whether applying cut-off CRs corresponding to male batches was arbitrary and violative of Article 14 and the judgment in Lieutenant Colonel Nitisha

Ratio Decidendi

The application of cut-off CR dates for women officers by reference to corresponding male batches, which excluded several years of CRs from consideration, was arbitrary and contrary to both the policy framework governing Selection Boards and the principles in Lieutenant Colonel Nitisha; this violated the fundamental principles of fairness under Article 14 and required reconvening Special No 3 SB to reconsider affected women officers within specified directions (with common cut-off June 2021, consideration of retired officer Asha Kale, and non-disturbance of those already empaneled).

Court Disposition

Miscellaneous Applications disposed of; relief granted to applicants in part by directions to reconvene Selection Board and reconsideration

Orders

  • A fresh exercise of reconvening Special No 3 Selection Board shall be conducted within a fortnight from the date of this order for all the women officers who were considered by the earlier Special No 3 SB, except those officers who have already been empaneled
  • In the reconvened Special No 3 SB a common cut-off of June 2021 shall be taken into reckoning (as stated by the Attorney General)