Cdr Seema Chaudhary vs. Union of India
Commander Seema Chaudhary, a Short Service Commissioned Officer (SSCO) in the Judge Advocate General’s (JAG) Branch of the Indian Navy, was at the center of a prolonged legal battle for the grant of Permanent Commission (PC) to women officers. Despite a distinguished service record and multiple court orders in her favor, she was repeatedly denied PC by the Navy on varying grounds, including lack of vacancies, low inter-se merit, and absence of recommendation letters. Her case highlighted systemic challenges faced by women officers seeking parity in the armed forces.
Litigation History
Chaudhary joined the Navy in 2007 as an SSCO. After the Supreme Court’s 2020 judgment in Union of India v. Annie Nagaraja, which mandated PC consideration for all women SSCOs in certain cadres, she applied for PC.
The Navy rejected her applications on three separate occasions, each time citing different reasons: no vacancies (2020), low merit (2022), and lack of recommendation letters (2023).
She approached the Supreme Court multiple times, with her case being erroneously tagged with junior batches and remanded for fresh consideration by the Armed Forces Tribunal (AFT).
The AFT’s directions were challenged, and the Supreme Court ultimately recalled its previous order and decided to address the injustice directly.
Supreme Court’s Analysis
The Supreme Court, led by Chief Justice D.Y. Chandrachud, held that the directions issued by the AFT were inconsistent with the Court’s earlier judgment and that prejudice had been caused to Chaudhary by repeated, arbitrary rejections and procedural irregularities.
The Court emphasized that Chaudhary, being the only serving JAG Branch officer of the 2007 batch, was entitled to standalone consideration for PC, in accordance with the 1999 policy and Regulation 203 of the Naval Regulations, not under later policies meant for subsequent batches.
The Court invoked its powers under Article 142 of the Constitution to ensure justice, directing that, if necessary, a proportional increase in vacancies be created to accommodate her, without displacing any other officer or setting a precedent.
Judgment
The Supreme Court ordered the Navy to reconvene a Selection Board and consider Commander Seema Chaudhary’s case for PC on a standalone basis, uninfluenced by previous considerations or AFT observations.
The process was to be completed by April 15, 2024. If her selection required creating a new vacancy, the Navy was directed to do so.
The Court made clear that its order was specific to Chaudhary’s unique circumstances and would not serve as precedent for other cases.
Significance
The judgment is a landmark for gender equality and procedural fairness in the armed forces, reaffirming the right of women officers to be considered for PC under the correct policy framework.
It underscores the Supreme Court’s commitment to enforcing its own judgments and preventing administrative circumvention of judicial mandates.
The decision provides a pathway for rectifying long-standing injustices through judicial intervention, especially in cases of systemic discrimination.
Citation:
Cdr Seema Chaudhary v. Union of India, 2024 SCC OnLine SC 197, decided on 26-02-2024.
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