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Supreme Court upholds Rajasthan govt rule to disqualify candidates having more than 2 children from government jobs

The Supreme Court on Thursday upheld the decision of the Rajasthan Government to disqualify a candidate from applying to a police constable post for having more than two children.

The apex court observed that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which states that no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002 is non-discriminatory and does not violate the Constitution.

The bench comprising Justice Surya Kant, Justice Dipankar Datta and Justice KV Vishwanathan while relying on Javed and others vs. State of Haryana and others (2003) upheld 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.

Subsequently, the apex court affirmed the High Court’s decision, which dismissed the plea of the ex-serviceman retired from the defence services, who had applied for the police constable job in the State of Rajasthan.

In the aforesaid matter, the candidate’s candidature was rejected 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 01.06.2002.

The High Court rejected the appellant 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. Subsequently, the appellant moved the Supreme Court challenging the High Court’s decision. 

During the hearing, the Supreme Court while referring to its earlier judgment in Javed and others vs. State of Haryana and others, (2003) 8 SCC 369, where a somewhat similar provision, which was introduced as an eligibility condition to contest Panchayat elections was upheld by the top court.

The Supreme Court dismissed the candidate’s contention that there are Rules regarding the absorption of ex-servicemen where the condition of not having more than two children has not been specified.

The apex court observed 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. It maintained that these 1989 Rules have been specifically enlisted at Serial No.104 of the Schedule appended to the 2001 Rules.

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In the wake of the aforesaid view, the top court didn’t find any ground to interfere with the observations taken by the High Court. Accordingly, the appeal was accordingly dismissed.

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