Constitution of India:

Arts. 14, 15 (1) and 16(1) – Induction of women in Army under Women Special Entry Scheme (Officers) [WSES] for a period of 5 years – The initial process under WSES replaced by Short Service Commission (SSC) with outer period of fourteen years – Writ petition seeking direction for grant of Permanent Commission (PC) to women SSC officers – High Court held that SSC women officers who had opted for PC and were not granted PC but granted extension of SSC, were entitled to PC at par with male SSC officers – Appeal to Supreme Court – During pendency of the appeal Union Government by its communication dated 25 February 2019 granted PC to SSC women officers in ten arms of services of the Army – Held: The policy decision of Union dated 25 February 2019 must be construed as a decision which enforces the fundamental right of women to seek access to public appointment and to equality of opportunity in public employment as envisaged in Articles 15(1) and 16(1) of the Constitution respectively – However, the distinction sought to be drawn between women officers with less than fourteen years of service, with those having service between fourteen and twenty years and above twenty years, is fallacious – There is no reason to deprive women SSC officers of grant of PC on the ground that they have crossed fourteen years of service because such situation arose only due to delay on part of the Union Government in implementing the order of the High Court – Therefore, women SSC officers both within the period of 14 years of service and beyond, should equally be entitled to consideration for grant of PCs – Also the absolute bar on women seeking criteria or command appointments is not sustainable being against the provisions under Article 14

Art. 33 – Scope of – Held: Limitation or abrogation of fundamental rights in their application to members of Armed Forces u/Art. 33, must be by law enacted to ensure proper discharge of duties and maintenance of discipline.