Delhi HC dismisses plea challenging vires of notification for induction of army officers under JAG Cadre
Nov 28, 2023
New Delhi [India], November 28 : The Delhi High Court on Tuesday dismissed a petition challenging the vires of the notification for induction of army officers under the JAG Cadre through the JAG entry scheme 33rd course.
The bench of Justice Manmohan and Justice Mini Pushkarna while dismissing the plea stated that the plea did not fit in public interest criteria. The bench last week granted time to counsel for the respondent to take instruction in this regard.
The plea had sought appropriate directions to strike down the advertised notification for JAG 33 issued by the Indian Army allegedly being arbitrary, unjustified, unconstitutional and violative of Articles 14, 16, 19(1)(g) and 21 of the Constitution of India.
Petitioner Subham Chopra through lawyer Prashant Vaxish stated that the notification, JAG 33, issued by the Respondent/ Union of India through Ministry of Defence brings unreasonable classification and further promotes inequality, rather than providing equal opportunity and promoting equality before the law to all the candidates. Impugned Notification is arbitrary, unjustified, unconstitutional, and bad in the eyes of the law and the same should be struck down for being ultra vires, stated the petition.
The Impugned Notification mandates Education Qualification to be a graduate degree in Law from a recognized university and the candidate shall be eligible to get enrolled with the State Bar Council or the Bar Council of India. Therefore, bringing the CLAT PG 2023 as a requisite mandate by the Respondent in the Impugned Notification of JAG 33 is infringing the rights of the candidates, who couldn't register themselves for CLAT PG 2023, for whatsoever reason, even though hold a valid graduate degree in Law and are either eligible to get enrolled with the Bar Council or are enrolled with the Bar Council, to practice law. Therefore, the Impugned Notification is arbitrary, unjustified, and unconstitutional, and the same should be struck down for being ultra vires, stated the plea.
Plea further added that the respondent by putting a bar on the marriage prior to joining the Service has violated the Right of Privacy under Article 21 of the Constitution of India. Furthermore, the Parliament gives the right(s) to the citizens to get married at the age of 18 and 21, by a female and male respectively, cannot be questioned w.r.t. the credible eligibility of the candidate. Moreover, the usage of the right to marry is a fundamental right of the candidate.
Provision 2(c) of the Impugned Notification, with respect to the eligibility educational qualification to be CLAT PG 2023 holds no reasonability to bring any merit to be as a qualification for JAG 33 vacancies, plea added.
