AUGUST 2025 'SUO MOTU' SUPREME COURT CASE OF MEDICALLY BOARDED OUT CADETS & NEED FOR SPEEDY JUSTICE - MVI SPECIAL COVERAGE
- MVI Desk
- Jun 23
- 4 min read
Date :- 23 June 2026
EDITOR'S NOTE:
MVI article on above subject and linked issues published on 25 Aug 2025 (ref link below ) gave comprehensive coverage to the subject . A lot of time ( ten months ! ) have since elapsed and there is no sign of the Govt amicably resolving the issues even as recommended by the ' Amicus Curiae ' in Oct 2025 for delivering speedy justice to the affected disabled cadets who continue to be left " high & dry " with no positive sign for resolution despite clear intention of apex court to give the much needed justice to the affected cadets.
Links / PDFs of Relevant Articles published since past 10 months and pertaining to this case and linked issues are given below for easy comprehension/ understanding ( of readers) that have been before the apex court and the Govt ( basically MoD & MoF, i.e.Defence Secy & Finance Secy ) .
With a view to know the present status of the crux issues and way forward for speedy justice for the affected cadets MVI sought recommendations / comments from two committed crusaders : Ankur Chaturvedi and Col IVS Gahlot (former CO MH Khadakwasla & former Secy ECHS) for delivering speedy justice to the affected cadets . Their comments given below should hopefully enable and guide the apex court and Govt to finally resolve this case.
Col Vinay B Dalvi ,
Editor ,MVI
Relevant Ref link / pdfs
1. Hearing of 'Suo Moto' Case in Supreme Court of 500 Medically Boarded Out Cadets : Answers by Col IVS Gahlot to 4 Questions of SC Bench to Resolve Issues Permanently
2. The Times of India
3.In defence of a minuscule minority: Supreme Court on disabled cadets - Supreme Court Observer https://share.google/o80ReLDe1otaRC5Mw
4. Will the Supreme Court’s intervention bring relief to cadets disabled during training?
ANKUR CHATURVEDI :
The Amicus had brought out the grave disparity between disabled recruits and Cadets, both of whom are boarded out using provisions of the Army rules.
The Recruits and even Boys are eligible for disability pension under the existing pension regulations. Not granting the same to cadets is a gross diparity and violation of article14 of the constitution.
The MOD and MOF have filed affidavits in response to the submission of the learned amicus but have not responded to specific points.
Moreover in one of their submissions, the ministry has stated that this is a complex matter that requires deliberations by experts and has referred the matter to the 8th Pay Commission. The pay commission has its mandate limited to only EMPLOYEES of the government. Thus by referring the matter of financial entitlement of cadets to the Pay Commission the government has itself acknowledged that cadets are in fact “Employees “ of the union of India. Since all employees of the union of India are either granted shelter employment or disability pensions the same cannot be denied to Cadets.
Interestingly a Committee of Experts set up by the Ministry of Defence itself had perused the matter in 2015 and recommended Disability pension for Disabled Officer Cadets at Officer rate. Subsequently the JAG had recommended a minor change in the pension regulation. The regulations already state that “Recruits and Boys shall be eligible for disability pension at the rates and conditions applicable to a Sepoy of the lowest group.” The JAG suggested inserting a line to stating that officer cadets boarded out with attributable disability shall be eligible for disability pension at the rates and conditions applicable to a Lieutenant ”
COL IVS GAHLOT:
Hearing of ‘Suo Moto’ case in Supreme Court of India of 500 Medically boarded out officer cadets in August 2025 gave much hope to all affected past, present and future officer cadets, their poor and humble parents who were / are compelled to sign a bond ( as most of them are minor at the time of joining military training ) with the academies / Govt not to complaint, cry or seek any type of compensation and actually be cut off from the academy / Govt and live a life “in exile”.
Honourable Supreme Court has raised four valid questions for which the suggested answers will surely enable and facilitate delivery of speedy justice to all affected officer cadets - past ,present and future . The manner in which the GoI / MoD had speedily accepted the request for ECHS membership for these disabled medically boarded out Ex-officer cadets gave much hope for further timely decisions for their insurance cover, Ex-serviceman status , pension, completion of education and rehabilitation to enable them to live a respectful and dignified life which they very much deserve as citizens of independent India.
But after ten months of SC hearing and repeated postponement of dates for hearing it is apparent / obvious that the GoI has turned a “deaf ear” and “nelson eye” to the repeated requests/ directions of Honourable Supreme Court for the much needed relief to these helpless Ex-officer cadets apparently due to prolonged and complex bureaucratic road blocks & processes.
Honourable Supreme Court had undoubtedly expressed its unhappiness and even threatened to summon the defence and finance secretaries in person to explain the reasons for delay in deciding the matter related to disabled medically boarded out Ex-officer cadets.
I once again request Senior Advocate Rekha Palli, the ‘Amicus Curiae’ in this important case to strongly put up her argument / case in front of Supreme Court to enable a long pending and just judgement that will surely boost the morale of all affected past, present and future trainee officer cadets and provide much needed relief to their parents including the rehabilitation of medically boarded out Ex-officer cadets.
The one word answer to all queries raised in ‘Suo moto’ writ is to make or treat all types of military trainee officer cadets as “in-service” by appointing them as “probationary trainee officers” while undergoing training in all military academies so that they automatically become Ex-servicemen when medically boarded out of training academies, and also consider them as citizens of India ie. Bharat to enable them to come under the preview of Persons with Disability Act 2016 as per our Constitution of India.
Justice delayed is justice denied.
The Government of India has the ostrich attitude and has double standards towards gentleman cadets.
Ex GC RPS Rathaur
88regular
50 SS
Very noble cause with insignificant financial implications, but as usual entangled in beurocratic technicalities.
I wonder what is the catch , when extant provisions entitle numerous dependent parents, unmarried daughters and specially challenged children including a son of ESM to avail family pension, various facilities including medical facilities in the Armed Forces 🤔
The government is feigning ignorance despite being fully aware of the situation, simply to avoid providing any benefits to these disabled cadets; there is collusion between the Ministry of Defence and the Ministry of Finance. I earnestly request the Honorable Supreme Court to kindly ensure that justice is delivered in this matter as soon as possible.
They deserve to get justice and all benifits.