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In this case which is regarding the denial of Permanent Commision of women officers in the forces who initially came into Short Service Commision and later applied for the Permanent Commision(PC), in this case the Delhi High court Judgement of 2010 has already held that women officers should get at PC at par the male officers in the armed forces. Center in regard of women being deployed in services mentioned, though the force should be ready for battlefield but women should be kept deprive of direct battle situations as in the situation of them getting prisoned by the enemy will give a rise of a situation which will be of extreme, mental and physical torture and will be really depressing for the the government or organisation who is answerable.
To which Justice DY Chandrachud asked the center to mind their arguments and mentioned if the above given argument is true then it would be true in case of NCC commanders also , He further contended that administrative will should be their along with a change in mindsets to remove the gender disparity in the nation. Also SG Tushar Mehta also clarified his statement regarding male officers getting the order from female officers ,to which later Justice DY Chandrachud marked "I myself was surprised when I saw the news. I could not agree with the report it was reported out of context". It was submitted by the senior advocate R Balasubramaniam that issue in this case is one of the prominet reasons of why there is not much applications for short service commisions and is the main reason people are not joining SSC.
On the arguments of center Advocate appearing for the armed forces mentioned that Army Policies are flexible which should change with developing and changing time. Center also contended while arguing against the command that women wont be be able to meet the tough challenegs of unfavourable situations in the army and the hazardous happening which army have to face on every steps dring the training and the battlefield. Court to all these arguments held that "we are not staying the orders of Delhi HC nor we are saying it was unenforceable but there is a lot more that has to be heard by the court on this". Court has already reserved its judgement on Army and the arguments in the cases of Navy and ariforce willl be heard later. Justice DY chandrachud also mentioned that the Judgement is of 2010 , they are in litigation yet for 10 years. Thus , no one has yet completed 14 years of service( the maximum period of Short service commision after which the PC should be granted).
Thus the judgement in regard of this matter is already reserved by Justice Ajay Rastogi.
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