(1.) A batch of twenty-one Writ Petitions being, W.P.(C) Nos. 10023/2022, 10231/2022, 10386/2022, 10422/2022, 10748/2022, 10856/2022, 10887/2022, 11011/2022, 11012/2022, 11013/2022, 11014/2022, 11904/2022, 12034/2022, 13910/2022, 13911/2022, 13912/2022, 13913/2022, 14596/2022, 15171/2022, 15174/2022 and 15319/2022 were heard analogously and were reserved on 15/12/2022. Thereafter, W.P.(C) 17302/2022 came up for hearing on 19/12/2022 and was heard and reserved for judgment. W.P.(C) 16695/2022 was received on transfer from the High Court of Kerala at Ernakulum and came up for hearing on 19/12/2022 on which date there was no appearance on behalf of the Petitioner and the matter was adjourned to 17/2/2023. On 17/2/2023 the matter was heard and reserved for judgment.
(2.) While some Writ Petitions challenge the constitutional validity of the Agnipath Scheme (hereinafter referred to as 'the Impugned Scheme'), in others, the grievance of the Petitioners is that they went through the recruitment process for the Armed Forces that was prevalent prior to the Impugned Scheme. It is stated that they have been shortlisted but have not been appointed because of the Impugned Scheme and, thereby, have been prejudiced. Some Writ Petitioners have challenged both - the Scheme and the prejudice caused to them by the introduction of the Impugned Scheme. This judgment is, therefore, divided into two parts - Part A deals with the validity of the Impugned Scheme and Part B deals with the grievances of the Petitioners that the Impugned Scheme has taken away their rights insofar as they have participated in the recruitment process and many of them have been shortlisted but have not been appointed due to the Impugned Scheme. PART-A :
(3.) The Ministry of Defence, Union of India came up with a scheme for recruitment of personnel below the rank of commissioned officers for the Indian Army, Indian Air Force and Indian Navy (hereinafter referred to as the 'Indian Armed Forces') for a period of four years. The recruited soldiers have been titled as 'Agniveers'. As per the scheme, individuals aged between 17.5 years to 21 years are eligible to apply for recruitment as Agniveers. Upon being recruited, such individuals would get trained for a period of 6 months and will be in active service for a period of 3.5 years and post that 25% of such Agniveers will be retained as soldiers under the permanent commission and the rest of the Agniveers will be permitted to return to the civilian life. As per the scheme, Agniveers are given a salary of about Rs.4.76 lacs per year to begin with, which can be increased to about Rs.6.92 lacs by their fourth year in service. The Agniveers, in case of a mishappening or an accident, are liable to receive a non-contributory life insurance cover of about Rs.48.00 lacs, additional ex-gratia of Rs.44.00 Lacs for death attributable to service, and salary for the unserved portion of the four year service. At the end of the four year tenure, each Agniveer will leave the service with a corpus of about Rs.11.00 lacs. Many of the Agniveers who are not retained in the army will be absorbed in the paramilitary forces. The Agniveers who are not retained will also be given certificates of experience of the nature of work rendered by them which will facilitate them to get jobs in private sector.
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