This isn't time for court battles: Top court says retain all women officers

India Today

09-05-2025

This is not the time to have experienced women officers 'running around in courtrooms' or sideline them, said the Supreme Court on Friday, sending a strong message to the armed forces and the government. The court's observation, made during a hearing of the petition filed by Short Service Commission (SSC) women officers who were denied Permanent Commission (PC), came amid the escalating tensions between India and Pakistan.advertisementThe Bench led by Justice Surya Kant made it clear that, for now, the Army must retain those officers still in service. 'There is a better place for them to perform than courtrooms,' Justice Kant said. 'As of date, we would like their morale to be kept high and high like anything.'The court stopped short of passing any order on the merits of the matter but asked the Union government to make transitional arrangements. 'We will decide the legal issues in due course. In the meantime, just utilise their services. It's not your case that they are unsuitable officers,' Justice Kant told Additional Solicitor General Aishwarya Bhati, who appeared for the Centre.
The hearing comes as military personnel are on heightened alert amid hostilities with Pakistan. Justice Kant underscored the importance of experience in the armed forces, saying, 'Of course, the force must always be young ... but young blood also needs to be trained, guided and taught mental temperament. We need a blend of both young and experienced officers.'advertisementReferring to the ongoing situation at the border, he added, 'All of us feel very small before them... That's how much they're doing for us. This is the time when each one of us has to be with them.'Representing one of the petitioners Lt Col Geeta Sharma, senior advocate Menaka Guruswamy argued that Sharma had not yet been dismissed and should be allowed to continue. 'The paperwork shows overwhelming vacancies,' Guruswamy said, adding that Colonel Sophia Qureshi, who recently led the press briefing on Operation Sindoor, wouldn't have had that opportunity had the top court not earlier intervened to secure PC for women officers.Bhati countered the claims, stating that Sharma had already been released from service, having not been found eligible for PC during her board review in 2020. 'She served with distinction since 2011. In 2020, her entire batch was considered. She was not found fit for Permanent Commission. She later received a four-year extension and was finally released in 2024,' Bhati said.Defending the Army's policy, she argued that the service follows a pyramidal structure and can offer PC to only a limited number of officers each year. 'We recruit 600–700 officers annually, but only 250 can be granted PC. The rest can serve up to 14 years. The nation sleeps peacefully because the defence forces are awake,' she said.advertisementThe court remained unconvinced that the present time, when India faces a military standoff with Pakistan, was the right time for the case hearing. 'We are very proud we have a robust and strengthened force,' Justice Kant said. 'Let's not do something that affects morale. Just utilise whoever is there.'In its interim direction, the court said all women SSC officers currently in service should not be relieved until the next hearing. 'We are not creating any equity in their favour,' the bench clarified, 'but we are saying, don't release them until we decide.'The matter will continue to be heard on merits at a later date.