SC dismisses plea against Agnipath scheme

The high court had on February 27 said the Agnipath scheme was formulated in national interest with a laudable objective of maintaining national security

The Supreme Court on Monday dismissed a plea against the Delhi High Court's February 27 judgement which had upheld the constitutional validity of the Union government's Agnipath scheme for short term recruitment to armed forces.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said there can't be a vested right for recruitment and further the scheme is not arbitrary and that no promissory estoppel can be applied here as it is always subject to overarching public interest.

The Agnipath scheme was introduced last year to induct youth into all three-armed forces divisions for a period of four years.

Advocate M L Sharma, appearing in person, contended the scheme should have been passed without having been cleared by Parliament. "Unless Parliament approves it. It cannot be done,” he said.

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The High Court, in its decision, had said the Agnipath scheme for short term recruitment to armed forces, was in national interest for the country's to have better equipped forces, consisting of more youthful, agile, and physically adept individuals.

A counsel submitted that he is not challenging the Agnipath scheme and that the matter was confined to the completion of the previously notified recruitment processes to Army and Air Force. He further added that exams were postponed many times citing Covid and suddenly, in June, the Agnipath scheme was announced and for the Air Force, the exams were held but the results were not published.

Declining to entertain the plea, the bench said that the candidates have no vested right to seek the completion of recruitment process. The counsel insisted that the Agnipath scheme will not be affected even if these people are recruited.

Additional Solicitor General Aishwarya Bhati, representing the Centre, submitted that the high court’s judgment has dealt with these issues in detail.

Advocate Prashant Bhushan, representing a petitioner in another connected matter, submitted this is regarding the Air Force regular recruitment. He said that the process starts and there was a written test followed by a medical test and everything was done, thereafter a provisional list was published showing the ranks etc.

The bench agreed to hear Bhushan’s matter separately on April 17, but dismissed other two petitions.