The Supreme Court has ordered the Indian Navy to convene a fresh Selection Board to reconsider the permanent commission case of Commander Seema Chaudhary, a female short service commission officer from the Navy’s Judge Advocate General branch. The decision followed the court’s finding that the earlier consideration of her case had been flawed.
A bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and V Mohana, was hearing a contempt plea filed by Chaudhary. The case concerns the Navy’s refusal to grant her permanent commission despite her claim having been considered in the light of the Supreme Court’s earlier directions on extending the career pathway to women officers.
Previous rulings and the Navy’s selection process
The court referred to its judgment in Union of India v Lieutenant Commander Annie Nagaraja in March 2020, which opened permanent commission to female short service commission officers in the Navy. The issue was reiterated in February 2024 in proceedings concerning Commander Seema Chaudhary.
Despite those rulings, the Naval Selection Board in April 2024 declined to grant Chaudhary permanent commission. The court said the board had made two errors while assessing her annual confidential reports. It had used reports from 2015 to 2021 in which there had been no recommendation for permanent commission, and had also concluded that she did not meet the required grading.
“On perusal of the annual confidential reports of the officer and also the reasons assigned, we are of the opinion that the Selection Board fell in error on two counts – the board applied ACRs of 2015 to 2021 where there was no recommendation for grant of PC and secondly, holding the officer to not have the requisite grading for grant of PC”.
Supreme Court of India
The bench noted that the reports described the officer’s performance as “highly satisfactory”. Chaudhary was commissioned in August 2007 in the Navy’s JAG branch. She was promoted to Lieutenant in 2009 and to Lieutenant Commander in 2012.
Why the order matters for women officers
The case has unfolded against the background of a Navy policy introduced in 2008 that denied permanent commission to female short service commission officers. The 2020 Supreme Court judgment struck down that policy, with Chaudhary among the petitioners whose case was connected to the challenge, according to the submissions recorded before the court.
- 2007: Chaudhary was commissioned in the Navy’s JAG branch.
- 2020: The Supreme Court opened permanent commission to female short service commission officers in the Navy.
- April 2024: The Naval Selection Board refused permanent commission to Chaudhary.
- 29 October 2026: The court ordered a fresh board to reconsider her case.
During the hearing, the Union government and the Navy were represented by Attorney General R Venkataramani. He argued that making an exception for one officer could establish a precedent. Appearing for Chaudhary, advocate Ninad Laud argued that the Navy had relied on a shortage of vacancies while considering her case, despite the earlier court proceedings.
The fresh Selection Board will now have to reconsider the officer’s eligibility in accordance with the Supreme Court’s directions. The order does not itself grant permanent commission; it requires the Navy to conduct a new assessment after the court found that the earlier evaluation had applied the wrong approach to her service record.
