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Agnipath scheme in national interest: Delhi High Court

Update: 2023-02-28 00:54 IST

Agnipath scheme in national interest: Delhi High Court

New Delhi: The Delhi High Court on Monday upheld the Centre's Agnipath scheme for recruitment in the armed forces, saying it was made in national interest and to ensure that the armed forces are better equipped. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed a batch of petitions assailing the scheme, and said there was no reason to interfere with it. Besides pleas challenging the Agnipath scheme, the court also dismissed a bunch of petitions relating to recruitment process for the armed forces under certain previous advertisements while clarifying that such candidates do not have a right to seek recruitment.

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The court had reserved its verdict on the batch of pleas on December 15 last year. The Agnipath scheme, unveiled on June 14, 2022, lays out rules for the recruitment of youth in the armed forces. According to these rules, those between 17-and-a-half and 21 years of age are eligible to apply and they would be inducted for a four-year tenure. The scheme allows 25 per cent of them to be granted regular service subsequently. After the scheme was unveiled, protests erupted in several states against the scheme. Later, the government extended the upper age limit to 23 years for recruitment in 2022.

Earlier during the arguments, Additional Solicitor General (ASG) Aishwarya Bhati and central government standing counsel Harish Vaidyanathan, representing the Centre, had said the Agnipath scheme is one of the biggest policy changes in defence recruitment and was going to bring a paradigm shift in the way the armed forces recruit personnel. "More than 10 lakh aspirants have taken advantage of the two-year age relaxation given by us... A lot of things we cannot say on affidavit, but we have acted in bona fide manner," the ASG has said.

Advocate Prashant Bhushan, appearing for the petitioners in a petition concerning cancellation of the recruitment processes for the armed forces under certain previous advertisements, had said the government did not stop all recruitments in June 2021 and some of the recruitment processes were held even in August 2021 and in the beginning of 2022. The high court had also asked the Centre to justify different pay scales of 'Agniveers' and regular sepoys in the Indian Army if their job profile is same. Defending its Agnipath scheme, the Centre has said a large amount of study has gone into this policy and it was not a decision which was taken lightly and the Union of India was mindful and cognisant of the situation. 

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