'Absolutely Divisive': Delhi High Court Rejects PIL To Constitute 'Gujjar Regiment' In Indian Army

The Delhi High Court on Wednesday rejected a public interest litigation seeking a direction on the Union Government to constitute a “Gujjar regiment” in the Indian Army.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela refused to entertain the PIL, calling it “absolutely divisive.”

The PIL was filed by one Rohan Basoya, claiming that despite “rich martial legacy”, Gujjars have not been accorded a dedicated regiment, unlike other martial communities such as Sikhs, Jats, Rajputs, Gorkhas, and Dogras.

Basoya was appearing in person along with his counsel. Refusing to entertain the plea, the Court cautioned the counsel that costs will be imposed on the litigant.

”Please understand that you are seeking a mandamus. What is the prerequisite for mandamus? There has to be a right vested in you either by any statute or any law or the Constitution. Which is the law which gives you a right to have such kind of regiment? Where is that right?” CJ asked Basoya's counsel.

Which provision of the Constitution of India or any other enactment or customary law gives the right to have regiment of persons of a particular community, the Court further asked.

The Bench advised the counsel to research before taking up such PILs after which the lawyer withdrew the petition.

“After arguing at some length, the counsel for the petitioner states that she had instructions from the petitioner who is present in the Court to withdraw the petition. The same is dismissed as withdrawn,” the Court said.

The PIL stated that Indian Army has historically maintained ethnic-based regiments, recognizing the contributions of specific communities to national defence.

However, it added, that the exclusion of “Gujjars” from the system creates an imbalance in representation and violates their constitutional rights under Articles 14 and 16 of the Indian Constitution.

The plea submitted that establishment of a Gujjar Regiment would provide equal opportunities, increase recruitment, and would strengthen national security.

“The demand for a Gujjar Regiment has been raised before, yet no concrete steps have been taken by the government. Given the community's presence in border regions like Jammu & Kashmir, Himachal Pradesh, Rajasthan, Uttarakhand, and Punjab, a Gujjar Regiment would also serve strategic military interests in counter-insurgency and border security operations,” the plea said.

Title: Rohan Basoya v. Union of India 

Citation: 2025 LiveLaw (Del) 633