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SC dismisses two pleas challenging Delhi HC judgment on Centre's Agnipath scheme

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Published : Apr 10, 2023, 12:40 PM IST

Updated : Apr 10, 2023, 12:58 PM IST

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SC dismisses two pleas challenging Delhi HC verdict upholding Centre's Agnipath scheme.

New Delhi: The Supreme Court on Monday dismissed two pleas challenging a Delhi High Court judgment that upheld the Centre's Agnipath scheme for recruitment into the armed forces. A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala said candidates, who earlier got selected through recruitment processes like rallies, physical and medical tests for defence forces before the introduction of the Agnipath scheme, do not have a vested right to appointment.

"Sorry, we would not like to interfere with the high court verdict. The high court had dealt with all the aspects", it said, while dismissing separate pleas filed by Gopal Krishan and advocate ML Sharma against the high court verdict.

The bench, however, posted a third fresh plea related to recruitment in the Indian Air Force (IAF) prior to the launch of the Agnipath scheme for hearing on April 17. It asked the Centre to file its response to the third plea related to recruitment in the IAF. On March 27, the top court had agreed to hear pleas filed against the Delhi High Court judgment that upheld the Centre's scheme for recruitment into the armed forces.

The Delhi High Court in February this year, 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," a Bench headed by the Chief Justice of Delhi had said while passing the judgement.

A Division bench headed by Chief Justice Satish Chandra Sharma also comprising Justice Subramonium Prasad had 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.

A petition challenging the scheme stated that the announcement of the scheme had 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 regard 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.

Last Updated :Apr 10, 2023, 12:58 PM IST
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