The Supreme Court on May 22, 2025, directed the Centre and the Indian Air Force (IAF) not to release Wing Commander Nikita Pandey, a woman officer who played a key role in Operation Balakot and Operation Sindoor, despite being denied permanent commission under a 2019 policy. The Court’s bench comprising Justices Surya Kant and N Kotiswar Singh emphasized the adverse impact of uncertainty in service on officers of the armed forces.
During the hearing, the bench praised the professionalism and dedication of the Indian Air Force, calling its officers a vital asset to the nation. Justice Surya Kant remarked on the “unparalleled” coordination displayed by the force and acknowledged the sacrifices made by officers that allow citizens to feel secure.
Senior advocate Menaka Guruswamy, representing Wing Commander Pandey, argued that Pandey, an expert fighter controller and second in the country’s merit list of such specialists, was unfairly denied permanent commission. The officer has served more than 13.5 years but was forced to conclude her service within a month due to the policy denying her permanent commission.
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The Court questioned the Centre and IAF, represented by Additional Solicitor General Aishwarya Bhati, about the reasons for denying the commission. Ms. Bhati, who herself comes from an armed forces family, acknowledged the officer’s competence but stated that Pandey was found unfit by the selection board and had bypassed internal representations, directly approaching the Supreme Court. She added that a second selection board would soon reconsider the case.
The bench ordered that Wing Commander Pandey’s release from service be stayed until further orders and scheduled the next hearing for August 6, 2025. However, the Court clarified that it was not creating any equity in her favor and kept all contentions open.
Ms. Bhati highlighted the structural constraints of the IAF’s “steep pyramidal” system, explaining that officers typically serve a maximum of 14 years under the Short Service Commission (SSC), after which only a limited number can be granted permanent commission to maintain force vitality.
Justice Kant stressed the need for the armed forces to accommodate all suitable SSC women officers into permanent commissions, recognizing their outstanding performance. He suggested that if 100 SSC officers are recruited, the system should have the capacity to absorb all those found fit into permanent roles.
Ms. Bhati responded that while 90-95% of officers are generally found fit for permanent commission, final selection depends on comparative merit and available vacancies, noting the limitations posed by the hierarchical structure.
This ruling marks an important development in ongoing debates about women’s roles and career progression in the Indian armed forces, underscoring judicial support for fair treatment and clarity in service terms for officers like Wing Commander Nikita Pandey.
