The Delhi High Court on Monday dismissed a batch of petitions challenging the Agnipath scheme and seeking resumption and enrolment as per the previous recruitment scheme in Indian defence services.
“The scheme is made in the national interest and to ensure that armed forces are better equipped,” said a Bench headed by the Chief Justice of Delhi while passing the judgement. A Division bench headed by Chief Justice Satish Chandra Sharma also comprising Justice Subramonium Prasad on Monday upheld the central government’s Agnipath Scheme and said that the court finds no reason to interfere in the said scheme.
On December 15, 2022, the bench kept the Judgement reserved after hearing arguments on behalf of different petitioners and the central government. During the hearing, Additional Solicitor General (ASG) Aishwarya Bhati appeared for the central government and submitted before the court that more than 10 lakh aspirants have been given the benefit of age relaxation. The Agnipath scheme is a major paradigm shift in the recruitment process of defence personnel. We cannot put everything on the affidavit but we can say that we acted bona fide in the matter.
The central government 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. It was further informed by the central government that recruitment in the ‘armed forces’ stands on a completely different footing viz-a-viz employment in public offices, as it constitutes an essential sovereign function, which directly relates to the maintenance of national security. Therefore, the central government in exercise of its sovereign power and to effectively and efficiently safeguard the security and integrity of the country is duly empowered to change the policy providing the mode and methods/service conditions of the persons who are to be employed in the armed forces, stated the affidavit.
The decision of the central government to make recruitment through a new ‘Agnipath Scheme’, therefore, constitutes a policy decision taken by the government for national security reasons, it was further stated Advocate Prashant Bhushan appeared for one of the petitioners challenging the scheme and argued that the decision made by the government is arbitrary and unfair. There is no real reason behind the decision. 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, “There is a difference between the Navy and other defence forces. The Navy cannot afford to put on hold the process as it will impact its operational capabilities and war readiness. They had modified the recruitment plan.”
“Selection does not give a right to an appointment. The process got delayed because of Covid,” ASG argued.
