Nitisha vs. Union Of India

ITEM NO.42 COURT NO.1 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Miscellaneous Application No.246/2023 in W.P.(C) No. 1109/2020

NITISHA & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(WITH IA No. 25719/2023 - APPLICATION FOR PERMISSION, IA No. 25724/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 25723/2023 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 25722/2023 - INTERVENTION/IMPLEADMENT)

Date : 27-02-2023 This application was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA

• For Petitioner(s) Mr. Huzefa A Ahmadi, Sr. Adv. Mr. Rakesh Kumar, AOR
• For Respondent(s) Mr. Arvind Kumar Sharma, AOR (N/P)

Mr. Anas Tanwir, AOR (N/P)

UPON hearing the counsel the Court made the following O R D E R

1 Mr Huzefa Ahmadi, senior counsel appearing on behalf of the applicants, submits that there has been a violation of the judgment of this Court in Lt Col Nitisha v Union of India1 (paras 115(v) and 119) which required the overall profile of the Women Short Service Commissioned Officers to be considered. It has been urged that SSB 5 failed to do so by pegging the service profile with corresponding batches of male officers. Digitally signed by Sanjay Kumar Signature Not Verified

Date: 2023.02.27 17:45:22 IST Reason:

<span id="page-0-0"></span>1 2021 SCC Online SC 261 decided on 25 March 2021

• 2 A copy of the MA shall be served on the Advocate-on-Record assisting Col R Balasubramanian, senior counsel.
• 3 List the MA on 17 March 2023.

(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) DEPUTY REGISTRAR ASSISTANT REGISTRAR