Delhi HC reserves order on pleas challenging Agnipath scheme

New Delhi [India], December 15 : The Delhi High Court on Thursday reserved its judgement on a batch of petitions challenging the Agnipath scheme launched for the recruitment of Agniveers for defence forces.
A division bench headed by chief justice Satish Chandra Sharma reserved its judgement after hearing arguments on behalf of the different petitioners and the Central government.
The court asked the parties to file their written submissions before winter vacations.
During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati submitted before the court that the Agnipath scheme came on the horizon in June 2021 only. It was a time when all the defence recruitments were put on hold. The scheme was finalised in June 2022.
ASG Bhati also submitted that more than 10 lakh aspirants have been given the benefit of age relaxation till date. "The Agnipath scheme is a major paradigm shift in the recruitment process of defence personnel. We can't put everything on the affidavit but we can say that we acted bona fide in the matter," he said.
During the hearing, Justice Subramonium Prasad asked the ASG, " Why did you keep saying for months wait, wait and keep checking the website?"
The decision was to keep it on hold after June 2021. It got finalised in June 2022 when the gazette was notified.
On the other hand, senior advocate Prashant Bhushan argued that "if the recruitment processes were put on hold then how the recruitments were made by the Navy in August 2021 and February 2022?"
He also argued that the decision made by the government is arbitrary and unfair. "There is no real reason behind the decision," he said.
He also argued that the candidates whose select list was out were made to keep on waiting for two and half years.
ASG Bhati responded to the contention and said that there is a difference between the Navy and other defence forces. The Navy can't afford to put on hold the process as it will impact its operational capabilities and war readiness. They had modified the recruitment plan.
Selection doesn't give a right to an appointment. The process got delayed because of covid, ASG argued.
The chief justice asked the ASG, "People who had cleared the examination were waiting. Why did you not complete the process? How you will answer this?"
ASG submitted that in June 2021 the decision was taken at the highest level. It was clear that the Agnipath scheme is a paradigm shift. After June 2021 we want to bring a big paradigm shift in the manner in which recruitment takes place.
On Wednesday it was clarified by the Central Government that the Agniveer is a separate cadre and ranks lower than Sepoy.
During the argument on Monday advocate, Ankur Chibber who is appeared for the petitioner in PIL argued that there cannot of disparity in salary. The entry-level in force is sepoy. An Agniveer would get less salary than a sepoy. There should be an equal salary for equal work.
Another point he raised was that an Afniveer would have to join afresh if he is selected after a period of 4 years of service. His past 4 years of experience won't be counted. It will affect his seniority and other benefits.
Advocate Kumud Lata, the counsel for Harsh Jay Singh argued that the tenure of service is 4 years. Agniveer would not be entitled for a gratuity.
Justice Subramonium Prasad had said, if one has a problem with the scheme, don't join it. There is no compulsion.
She also raised a point that there is no provision of pension for agniveers. She also referred to other countries including the USA, Russia and Israel during her arguments.
Justice Prasad said, it is a new scheme which gives an option to a young man to get training. After that, he can go and do any job. Moreover, it is not compulsory.
The bench had also said that "We are the expert on what the army wants."
Another advocate, who has served in the army for 21 years, submitted that "the period of training is short. The tenure of service is also short. What quality the force will get if training is too short?"
He submitted that "there is physical and arms training which requires at least one year. He also submitted that the sense of belonging develops over a period of time. The soldiers give respect and get respect over a period of time they spend in the force."
He submitted that the government did not take feedback from the unit level which operates at the ground. The government should reconsider it.
The Central Government through its reply has informed the Delhi High Court that no prejudice has been caused to any of the candidates who had participated in the earlier recruitment process. Centre has filed a consolidated reply copy in a batch of petitions challenging the Agnipath Scheme regarding the recruitment in Armed forces.
The affidavit filed stated that it is well settled that the Central Government is duly empowered and competent enough to change the mode and method of recruitment in government service taking into account the exigencies of the Military requirements. The said decision falls within the realm of 'sovereign policy-making functions of the Central Government, and the scope of judicial review is extremely limited.
The decision of the central government to make recruitment through a new 'Agni path Scheme', therefore, constitutes a policy decision taken by the government for national security reasons, it further stated.
Earlier, the bench refused to put a stay on the Agnipath Scheme and said if petitioners get success in the case, they will get it. We will not pass any stay or interim order and will hear the case finally, added the bench.
On July 19, the Supreme Court had transferred various pleas related to Agnipath Scheme to Delhi High Court. The Supreme Court also clarified that as regards to other similar petitions challenging Agnipath Scheme pending in other various High Courts, the concerned HCs should either give an option to the petitioners to either have their petitions transferred to the Delhi HC or to keep their petitions pending with liberty to petitioners to intervene in Delhi High Court.
A petition challenging the scheme stated that the announcement of the scheme has caused nationwide protests in Bihar, Uttar Pradesh, Telangana, Haryana, Uttarakhand, West Bengal and various other states due to the short-term duration of the scheme in the Indian Army for four years coupled with future uncertainties of the trained 'Agniveers'.
A PIL in this regards also sought quashing of the Centre's notification for the Agnipath scheme saying the scheme is "illegal and unconstitutional".
The Union Cabinet on June 14, 2022, approved a recruitment scheme for Indian youth to serve in the three services of the Armed Forces called Agnipath and the youth selected under this scheme will be known as Agniveers. Agnipath allows patriotic and motivated youth to serve in the Armed Forces for a period of four years. The Agnipath Scheme has been designed to enable a youthful profile of the Armed Forces.