BREAKING| Supreme Court Dismisses Plea To Complete Previous Recruitment Processes To Army & Air Force Which Were Cancelled After Agnipath Scheme

The Supreme Court on Monday dismissed petitions which sought directions to complete the recruitment processes initiated to the Indian Army and Air Force, which were discontinued after the 'Agnipath' scheme was announced in June 2022. The petitions were filed against the Delhi High Court's judgement upholding the Agnipath Scheme, as per which those between 17-and-a-half and 23 years of age were made eligible to apply for armed forces to be inducted for a four-year tenure.

A bench comprising Chief Justice of DY Chandrachud, Justice PS Narasimha and JB Pardiwala dismissed the petitions by observing that the candidates have no vested right to seek the completion of recruitment process. The bench also rejected the argument that the 'doctrine of promissory estoppel' will apply and said that the decision to not proceed with the previous recruitment processes cannot be termed as arbitrary . It observed that promissory estoppel will not apply when larger public interest is involved.

"There is nothing for us to interfere. It is a matter of public employment, not a contract", CJI Chandrachud observed.

Advocate Arunava Mukherjee, appearing for the petitioners, clarified at the outset that he is not challenging the scheme and that the matter was confined to the completion of the previously notified recruitment processes to Army and Air Force. He submitted that the Union Government postponed the exams many times citing COVID and suddenly, in June, the Agnipath scheme was announced. As regards Air Force, the exams were held but the results were not published, the counsel added. He highlighted that the exams were never cancelled and only postponed.

"So the process which began earlier- physical and medical test happened but entrance test didn't happen. And when the new scheme came, they decided not to go ahead with this at all.... But there is no vested right, ultimately", CJI Chandrachud orally observed during the hearing. The counsel urged that the Agnipath scheme will not be affected even if the petitioners are inducted.

Additional Solicitor General Aishwarya Bhati, appearing for the Union Government, told the bench that the Delhi High Court's judgment has dealt with these issues in detail. "During COVID time, there were all kinds of issues- these were extraordinary times institutions were dealing with. It's not a process of pick and choose. We had to fill the vacancies in the interest of defence and national interest", ASG submitted.

"The exigencies required us to modulate the recruitments in this manner", the ASG asserted.

Advocate Prashant Bhushan, appearing in another matter, submitted that the petitioners were placed in the provisional list for Air Force after undergoing several test processes. "Then for one year they kept saying appointment letters will be issued but kept being postponed....We went through entire process and still weren't recruited. Imagine the plight of these people. Three years they have been waiting and waiting", Bhushan submitted. He argued that the doctrine of 'promissory estoppel' will get attracted in these circumstances.

"Frankly. Mr Bhushan, there is no vested right here. It's not arbitrary in the circumstances", CJI Chandrachud said. However, at the request of Bhushan, the bench agreed to consider his petition separately on April 17, but dismissed the other petition (in which Mr.Mukherjee appeared). 

The bench also dismissed a petition filed by Advocate ML Sharma challenging the Delhi High Court's judgment which upheld the Agnipath scheme. The main argument of Sharma was that the scheme could not have been introduced through an executive order and that a Parliamentary law was needed.

Case Title : Gopal Krishn and others vs Union of India and others SLP(C) No. 5203/2023, Manohar Lal Sharma vs Union of India and others SLP(C) No. 4710/2023

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