Supreme Court of India rules that its gender-neutral JAG judgment will not apply retrospectively, clarifying recruitment for ongoing JAG selection remains unaffected.
Case in NewsSupreme Court clarifies gender neutral JAG judgment not retrospective ruling it won’t affect ongoing recruitment processes . |
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Case Overview
Case Name: Seerat Kaur vs. Union of India & Anr. | Writ Petition (Civil) No. 928/2025
A Bench of the Supreme Court of India comprising Justice Dipankar Datta and Justice AG Masih held that its earlier judgment in Arshnoor Kaur v. Union of India—which directed gender-neutral recruitment in the Judge Advocate General (JAG) branch of the Indian Army—would apply only prospectively . The Court clarified that the decision would not affect the 35th JAG recruitment cycle, as the notification for that process was issued prior to the August 11, 2025, judgment .
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Key Aspects
The Court examined the plea of petitioner Seerat Kaur, who sought appointment under the 35th recruitment cycle based on the gender-neutral principle declared in Arshnoor Kaur .
- The petitioner ranked 6th overall but was not selected among eight recommended candidates .
- She argued that the recruitment should be purely merit-based allowing women to fill all seats if eligible .
- The Court noted that the earlier ruling used the word “henceforth”, meaning it applies only to future recruitment .
- The 35th recruitment cycle was initiated before the August 11 judgment; thus, retrospective application was rejected .
Legal Insights
- The Court relied on Article 14 and Article 16 of the Constitution of India ensuring equality and non-discrimination in public employment .
- It clarified the prospective application principle emphasizing that judicial pronouncements altering recruitment policy apply only to future selections unless stated otherwise .
- The Court referenced paragraph 117 of the Arshnoor Kaur judgment, directing that recruitment “henceforth” be gender-neutral with a common merit list .
Court’s Verdict
The Supreme Court of India dismissed the petitioner’s plea, holding that the gender-neutral JAG ruling will not apply retrospectively to the ongoing 35th recruitment . However, as an interim arrangement, Seerat Kaur was permitted to continue training, with the possibility of appointment only if a vacancy arises . The Court clearly stated that this order is a special case and shall not be treated as a precedent .
Source – Supreme Court of India
Read also – Constitution of India
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