Supreme court dismissed two pleas challenging Delhi HC verdict on Agnipath scheme

New Delhi: Supreme Court in a hearing today, April 10, 2023, dismissed two pleas challenging Delhi high court order upholding the validity of Agnitpath scheme and seeking to forthwith conduct Common Entrance Examination for Indian Army.

A bench headed by Chief Justice DY Chandrachud refused to entertain two petitions, which has challenged the Delhi High Court order dated February 27.

One of the petition was filed by one Gopal Krishn and other by advocate ML Sharma. The top court said that the candidates selected in defence recruitment process before introduction of Agnipath scheme do not have vested right to appointment.

Advocate ML Sharma sought adjournment on the ground that he has suffered from brain stoke. However the court noted dismissed his petition as it noted the Sharma's plea said that Agnipath scheme had to be brought by parliament and not through a scheme.

Gopal Krishn has challenged Delhi High Court order dated February 27 and also sought to direct the authorities concerned to conduct Common Entrance Examination for Indian Army for which admit cards have been issued, declare the illegally withheld results of STAR Intake 01/2022 for Indian Air Force, and reserve vacancies announced against Provisional Selection List dated May 31 2021 for STAR Intake 01/2021 renamed as Intake 02/2021 for Indian Air Force.

Gopal Krishn, in his petition filed through advocate Arunava Mukherjee, clarified that the Petitioners did not challenge the Agnipath Scheme, but instead challenged illegal halt of recruitment for those who had already participated in the recruitment process in 2021, several months before announcement of the scheme on June 14, 2022 w.e.f. June 15, 2022.
However the top court said that petition pertaining to recruitment in IAF prior to introduction of Agnipath scheme will be heard on April 17.

The petitioner Lokesh Kumar, who was represented by advocate Prashant Bhushan, was aggrieved by the cancellation of the recruitment process by the govt and said, "Recruitment process was initiated vide notification dated Dec 11, 2019 issued by the Indian Air Force for the post of Airmen in Group "X" trades (except education instructor trade) and Group "Y" trades (except automobile technician, Indian Air Force (Security), Indian Air Force (Police), musician trades)."

Delhi High Court on February 27 has dismissed various petition challenging the Centre's Agnipath scheme and seeking resumption and enrolment as per the previous recruitment scheme in Indian defence services.

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.