The Supreme Court on Wednesday told the Centre to review within two weeks its arbitrary denial of permanent commission to a woman Coast GTuard officer, observing that the lack of gender-friendly infrastructure cannot be a ground to “humiliate” a meritorious officer.
A bench headed by Chief Justice of India (CJI) Surya Kant said, “We will not allow an officer to be humiliated in this manner. Show some sportsmanship. She is an excellent officer. We will give you two weeks. Consider in the meantime or else we will pass an order.”
The court on Wednesday was hearing a petition filed by Commandant Priyanka Tyagi, who joined as a short service appointment (SSA) officer in 2009. She clocked 17 years of service after the top court in April 2024 permitted her to continue in service beyond the 14-year service stipulation under Short Service Commission (SSC).
Attorney General (AG) R Venkataramani, representing the Centre, told the court that a major policy decision taken last month now permits permanent commission for women officers. This option was available to women officers since 1998 but was abruptly closed in 2009, just before Tyagi joined.
The bench, also comprising justices Joymalya Bagchi and V Mohana, told the AG, “Can you deny permanent commission only on the ground that you do not have a policy. She has continuously been serving with you for so many years. Since 2021, she has been applying and even recommended by her superior officers. She is excellent on merit and till today, you are not coming forward with an offer of permanent commission for her.”
Venkataramani said that the option is not foreclosed as she can apply under the new policy. “I am also vocal about gender justice as our heart is no different from yours when it comes to these issues. But she had a choice to apply for permanent commission or SSA when she joined.”
“What about men?,” the court asked. “Don’t you have permanent commission for men. Let us not go into this hypertechnical objection that she did not apply as it wont work. What else can be the reason to deny women other than the fact that you have infrastructure only for men…it is a case of arbitrary denial,” the bench observed.
Advocate Siddhant Sharma, appearing for Tyagi, informed the court that if she applies afresh under the new policy, she will be rejected as the policy requires officers to undertake several tests which are meant to be taken by officers after the 8th year of SSA.
Sharma said that Tyagi has completed 13 months of flying training to qualify as a navigator and has the highest-flying hours as per her seniority, about 4,500 hours on the Dornier aircraft. She was selected twice to participate in international exercises as a detachment commander and was part of the first-ever all-women crew deployed in the Eastern Region for Maritime Patrolling.
The court told the Attorney General, “Her prayer may not be in sync with your policy but she has been promoted and even recommended for permanent commission by her superiors. Instead of asking her to apply afresh, just absorb her. Do these facts not merit a more enlarged consideration by you.”
The AG said that the Coast Guard is functionally and operationally different from the Navy or any other defence forces. He said that the Coast Guard has its own limitations and it is important for the court to go into the history of how the Coast Guard was created. He denied this matter was a gender-related issue.
Tyagi’s tenure as an SSA officer ended on December 30, 2023, and she was denied any interim relief by the Delhi high court, forcing her to approach the top court.
She joined as an assistant commandant in December 2009, and just a month earlier, on November 13, 2009, the Assistant Commandant Woman (General Duty) Short Service Recruitment Rules were published, which mentioned that “women officers shall not have the option to change over to permanent entry scheme.”
The petition said that the Coast Guard is an armed force since 1978 and she must be provided the same opportunity of permanent commission as available to women short service commission officers in the Army, Navy and Air Force.
In 2021, on completion of her 12 years in service, two of her superiors recommended her permanent absorption. However, their requests were turned down by the Ministry of Defence, which said that permanent absorption policy for women SSAs does not apply to the Coast Guard.
After making several attempts to persuade higher officials through multiple representations, on May 26, 2023, Tyagi got a letter conveying her release on December 30, 2023. She pointed out in her petition that the Coast Guard has a dearth of officers in senior ranks and retired short service commission Naval officers are being recruited into the force.