The Supreme Court of India on Thursday (May 22, 2025) directed the Centre and Indian Air Force (IAF) not to discharge a woman officer, Wing Commander Nikita Pandey, who was part of Operation Balakot and Operation Sindoor but was denied permanent commission. A Bench comprising Justices Surya Kant and N. Kotiswar Singh sought responses from the Centre and IAF on her plea alleging discrimination for being denied permanent commission despite her service record. The Bench praised the professionalism of the IAF, stating that uncertainty regarding service status is detrimental to officers.

Justice Kant acknowledged the challenges faced by Short Service Commission (SSC) officers and suggested that after 10 or 15 years, there should be incentives like permanent commission to reduce uncertainty, which is harmful for the armed forces.

Senior advocate Menaka Guruswamy, representing Wing Commander Pandey, said her client was an expert fighter controller involved in critical air command systems deployed during the two operations. She noted that Pandey had served over 13.5 years but was impacted by a 2019 policy denying her permanent commission, forcing her to end service soon. Guruswamy added that Pandey ranked second nationally among expert fighter controllers.

The Bench questioned Additional Solicitor General Aishwarya Bhati, representing the Centre and IAF, about the denial. Bhati, who comes from an armed forces background, empathized with the officer but explained that Pandey was found unfit by the selection board. She mentioned that the officer had not first filed a representation and that a second selection board would review her case.

The Court ordered that Pandey not be released from service until further notice and scheduled the next hearing for August 6. It also clarified that no favorable presumptions were made, leaving all issues open. Bhati did not oppose Pandey continuing in service but emphasized the need for merit-based selection and maintaining a young force, explaining that the IAF’s steep pyramidal structure requires some officers to exit after 14 years to make room for new recruits.

Justice Kant suggested the armed forces should have the capacity to accommodate all SSC officers in permanent commission if they are suitable, especially since women officers have performed exceptionally well. He proposed that if 100 SSC officers are recruited, there should be the capacity to absorb all 100 into permanent commission based on suitability. Bhati responded that typically 90-95% of officers considered for permanent commission are found fit, but some are not selected due to comparative merit and limited vacancies in the pyramidal structure.