New Delhi: The Supreme Court has junked a plea challenging Rajasthan government’s rule which debarred a candidate from the public job if he or she was having more than two children.
The appellant’s counsel contended before a three-judge bench led by justice Surya Kant that, in addition to 109 sets of statutory service rules, where the aforesaid eligibility condition has been introduced, there are rules regarding the absorption of ex-servicemen where the condition of not having more than two children has not been specified. “Assuming it to be correct, we are of the view that such a plea does not advance the appellant’s case”, said the bench, also comprising justices Dipankar Datta and K V Vishwanathan, in an order passed on February 20.
The bench noted that it is undisputed that the appellant applied for recruitment to the post of constable in Rajasthan Police and such recruitment is governed by the Rajasthan Police Subordinate Service Rules, 1989. “These 1989 Rules have been specifically enlisted at Serial No.104 of the Schedule appended to the 2001 Rules. In view of this, we do not find any ground to interfere with the view taken by the High Court”, said the bench.
The apex court said a somewhat similar provision, which was introduced as an eligibility condition to contest Panchayat elections, has been upheld by it in 2003 in case of Javed and others Vs State of Haryana and others. “This court held that the classification, which disqualifies candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to promote family planning”, said the bench.
The apex court dismissed a plea by ex-serviceman Ramji Lal Jat challenging a judgment delivered by Rajasthan High Court in October 2022, which held that the subject rule fell within the realm of policy and does not warrant any interference.
“The aggrieved appellant approached the High Court of Judicature for Rajasthan and a Division Bench, vide the impugned judgment dated 12.10.2022, has turned down his claim on the premise that the subject-Rule, under which the appellant has been disqualified, falls within the realm of policy and does not warrant any interference by the Court”, noted the apex court, in its order.
The petitioner after having been retired from defence services on January 31, 2017, applied for the post of Rajasthan police constable in the Rajasthan Police on May 25, 2018. The authorities concerned rejected his candidature in light of Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, on the ground that since he had more than two children after June 01, 2002, he stood disqualified for public employment under the state, as per the Rajasthan Various Service (Amendment) Rules, 2001.
According to the rule, no candidate shall be eligible for appointment to the service who has more than two children on or after June 1, 2022.
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