The Supreme Court on Monday asked the Army to produce the notification under which women officers are not to be granted permanent commission in the armed forces.
A Bench of Justice J.M. Panchal and Justice Gyan Sudha Misra granted one week for submitting the notification.
The Bench was hearing an appeal from the Army against a Delhi High Court judgment directing it to grant permanent commission to women officers serving in the Army.
Earlier, Additional Solicitor General (ASG) Parag Tripathi submitted that rules permitted permanent commissioning for women officers only in the wings of Judge Advocate General (JAG) and education department.
Justice Misra questioned why there was discrimination in the Army, when women officers were permitted permanent commission in the Air Force. He said being a policy decision did not make such discrimination unchallengeable.
Mr. Tripathi submitted that Section 12 of the Army Act, 1950 was not in breach of Article 14 of the Constitution since it was protected by Article 33. He said if permanent commission was given to women officers it would have an impact on the disciplinary structure in the Army.
When Justice Misra said the Army had not taken such a stand in the High Court, Mr. Tripathi said it had. But Justice Misra pointed out that there was no adjudication on this aspect. He then asked the ASG to produce the notification and adjourned the hearing.
