Armed Forces – Indian Navy – Women Short Service Commissioned Officers – Grant of permanent commission – Petitioner commissioned in the Indian Navy as a Short Service Commissioned Officer in the Judge Advocate Generals’ Branch of the Indian Navy – Petitioner was considered for permanent commission but denied on the ground that there were no vacancies – Petitioner moved this Court u/Art. 32 of the Constitution, but was relegated to the Armed Forces Tribunal – Directions of the tribunal formed the subject matter of challenge before this Court in Civil Appeal which was disposed of – Hence, the instant review petition:
Held: Serious element of prejudice caused to the petitioner must be rectified so as to enforce the final directions of this Court in *Lieutenant Commander Annie Nagaraja’s case – Issuance of directions to consider the case of the petitioner for the grant of Permanent Commission afresh by reconvening a Selection Board – Selection Board to consider the petitioner’s case on a stand alone basis uninfluenced by any previous consideration of her case for PC and by any observations contained in the order of the AFT – It is clarified that in the event that pursuant to the directions of the AFT, if a proportional increase in the vacancies is required to be created to accommodate the petitioner, this would be carried out without creating any precedent for the future – Exercise of considering the petitioner afresh for PC to be carried out on or before the stipulated date. [Paras 16-18,19,20]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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