KERALA HIGH COURT DIRECTS REGISTRY TO TRANSFER ALL CASES CHALLENGING AGNIPATH SCHEME TO DELHI HIGH COURT

The Kerala High Court in the case Nandu Krishnan R & Ors v. Union of India & Ors. and connected matters observed and has directed the Registry to transfer three petitions relating to the Agnipath scheme that came before the Court to the Delhi High Court so that the matter can be renumbered and the matter can be heard along with the other pending similar matter.

The bench comprising of Justice Anu Sivaraman observed while referring to the Apex Court Order directing the transfer of all Agnipath-related matters to the Delhi High Court and transferred three Writ Petitions that came up before the Court after Armed Forces Tribunal refused to hear the challenge.

In the present case, the writ petition was filled by the candidates included in the selection process of the Indian Army Notification 2020-21, wherein challenging the cancellation of the finalization proceedings of Soldier cadre recruitment as it is a violation of right envisaged under Article 19(1)(g) of the Constitution of India and also seeking direction for the finalisation of the recruitment procedures and which has been stalled in the final stage due to the issuance of Agnipath recruitment Rally- 2022.

The bench of Justice Anu Sivaraman observed after hearing the arguments raised by Advocates Siji Antony, John Varghese and P.M Joseph, had previously directed the Registry to number the cases and place them before the bench for admission as the registry had not numbered the petitions flagging them as “defective” on point of maintainability. The Counsel, ASGI Advocate S. Manu appearing for the respondent in the matter.

A notification was issued by the Ministry of Defence in June 2022, implemented a new scheme for recruitment into Armed Forces called Agnipath. In the notification it was also mentioned that all pending appointments, including that of the petitioners, stood cancelled and that all eligible candidates were required to apply fresh for recruitment through this scheme

Accordingly, the court directed the Registry to transfer the petitions to the Delhi High Court so that the petitions can be renumbered and can be heard along with the other pending cases related to the Agnipath scheme.