Delhi HC allows early hearing in plea challenging policy barring married people from joining JAG branch in army

New Delhi [India], November 9 : The Delhi High Court on Tuesday allowed preponing hearing date in the plea seeking direction to the Central government and others to stop inviting the applications from unmarried male and unmarried female law graduates for grant of Short-service commission in the Indian Army for Judge Advocate General (JAG) Branch.
The bench of Justice DN Patel and Justice Jyoti Singh on Tuesday decided to hear the matter on January 11, 2022, and asked the respondents to file their affidavit within four weeks.
The Petitioner Kush Kalra through Advocate Charu Walikhanna stated that the purpose of early hearing direction is to save time for the many eligible young law graduates who have been deprived of the grant of the Short Service Commission in the Indian Army for Judge Advocate General Branch on grounds of marital status.
The petition seeks direction to stay on the notification/advertisement for JAG Entry
Scheme 28th Course (APR 2022) for law graduates (men and women) till the writ petition is pending before this Court.
The plea also seeks issuance of interim direction permitting law graduates irrespective of their otherwise marital status to apply, subject to further orders from this court and simultaneously give wide publicity to the interim direction so that the intent of the order is translated into benefit at the ground level.
The plea stated that subsequent to the outbreak of Covid-19 Pandemic, the courts have restricted functioning and the matters adjourned en-bloc as per directions of this Court and the respondents authorities taking undue advantage of this and have again issued the discriminatory advertisement when in fact the state has a duty to ensure there is no discrimination on the basis of marital status without reasonable justification.
The role of JAG officers is responsible for the administration of military justice in all its varied aspects and deals with Court Martial matters.
JAG is the legal advisor to the Chief of the Army Staff in matters of military, martial and in its fighting service aspects) international law and the duties of JAG officers have no relation to their marital status.
Plea added that this alleged discrimination on grounds of marriage done by respondents in the recruitment of JAG is violative of the fundamental right of equality before law (Article 14 of the Constitution), equality of opportunity in the matters of public employment (Article 16 of the Constitution), fundamental right to practice any profession and occupation and human rights of the women (Article 19 1(g) of the Constitution) and right to live with dignity (Article 21 of the constitution).
Especially in view of the fact that according to statistics, a large number of women in India are married off by their parents before the age of 18 years, and any such restriction is discriminatory on grounds of marital status, read the plea.
No purpose would be served by keeping this matter pending for a long period and due to the pendency of the said writ petition, it added.
Many eligible young married law graduates have been deprived of the grant of SSC in the Indian Army for Judge Advocate General branch on grounds of marital status, plea read.