The Supreme Court has struck down the Indian Army’s practice of reserving separate Judge Advocate General (JAG) vacancies for men and women, calling it “arbitrary” and violative of the constitutional right to equality.
A Bench of Justice Dipankar Datta and Justice Manmohan declared that the 2023 recruitment notification, which allotted six of the nine JAG posts to men and only three to women, could not be justified under the guise of induction policy. Instead, the Court directed that a combined merit list be prepared for all candidates, regardless of gender, ensuring selection solely on merit.
“The executive cannot reserve vacancies for men. Restricting the seats of women is contrary to gender neutrality and the 2023 rules. No nation can be secure if such exclusionary policies are followed,” the Bench observed.
The case stemmed from a petition filed by two women candidates who, despite securing fourth and fifth place in the overall ranking, were denied selection due to the gender-based allocation of posts. The Court had earlier, in August 2023, issued notice in the matter and ordered that two vacancies remain unfilled until the dispute was resolved.
During hearings, the Supreme Court questioned the Union government on its stance, pointing out the contradiction between claiming gender neutrality and simultaneously capping women’s vacancies. The Bench was unconvinced by arguments from Additional Solicitor General Aishwarya Bhati that the 50:50 male-female selection ratio applied from 2023 onwards justified the reservation.
In its final order, the Court confirmed the induction of the first petitioner into the JAG department as earlier directed in May this year. However, the second petitioner was denied relief.
Case Details
Case Title: Arshnoor Kaur Versus UOI
Case No.: WRIT PETITION (C) NO. 772 OF 2023
Date: 11/08/2025
Mariya is the Senior Editor at Juris Hour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.
