‘Let us have a considered view of HC’, SC sends plea challenging Agnipath scheme to Delhi HC

New Delhi: The Supreme Court on Tuesday transferred all the writ petitions challenging the Agnipath scheme for the armed forces before it to the Delhi High Court, where a similar challenge against the scheme is already pending.
A bench comprising justices D.Y. Chandrachud, Surya Kant, and A.S. Bopanna transferred the three PILs before it against the Agnipath scheme to the Delhi High Court. Justice Chandrachud told the counsel, appearing for the petitioners, “Let us also have the benefit of perspective of the high court…we will allow you to go to the high court… it’s always good to have a perspective, a considered view of a high court.”
The bench noted that the multiplicity of writ petitions on the subject will not be desirable and pan-India issue does not mean that the top court should hear it, rather one of the high courts can also hear it, and it has been done earlier.
The bench favoured petitions pending in other high courts may also go to the Delhi High Court to avoid inconsistent decisions. The top court said if any PIL is filed in future on the same issue, challenging the Agnipath scheme notified by the Centre on June 14, then it would also be given the same option by the concerned high courts.
Justice Chandrachud said: “We must have a considered view of a high court. The high court jurisdiction under Article 226 of the Constitution should not lose significance.”
The top court said the other high courts, where similar petitions are pending, would give an option to the petitioners to either transfer the matter to the Delhi High Court or move the Delhi High Court as an intervener.
Advocate M.L. Sharma, one of the petitioners, in his plea said: “According to the impugned press note…dated 14.06.2022 after 4 years out of 100 per cent selected candidates for Permanent Commission in Indian Army 25 per cent will be continued in Indian Army force and the rest 75 per cent will be retired /denied jobs in the Indian Army. During 4 years they will be paid salary and perk but after 4 years denied candidates will get no pension, etc.”
A writ petition was filed by a group of persons shortlisted for airman selection in the Indian Air Force, who sought a direction that the recruitment process which commenced in the previous years should be completed regardless of the Agnipath scheme.