Plea in Delhi HC, challenging vires of notification for induction of army officers under JAG Cadre
Nov 20, 2023
New Delhi [India], November 20 : A petition has been moved in the Delhi High Court challenging the vires of the notification for induction of army officers under the Judge Advocate General (JAG) Cadre through the JAG entry scheme 33rd course.
The plea further 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.
The bench of Justice Manmohan and Justice Mini Pushkarna listed the matter for November 29 after counsel for the respondent sought time for instruction.
Petitioner Subham Chopra, through lawyer Prashant Vaxish, stated that the notification, JAG 33, issued by the Respondent/ Union of India through the 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. The 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 qualifications to be a graduate degree in law from a recognised 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 on the rights of the candidates, who couldn't register themselves for CLAT PG 2023 for whatever reason, even though they 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 practise law. Therefore, the impugned notification is arbitrary, unjustified, and unconstitutional, and the same should be struck down for being ultra vires, stated the plea.
The 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, which 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.
