Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court

The Supreme Court 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 Court held that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which provides 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.

“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.”, observed the Bench of Justices Surya Kant, Dipankar Datta, and KV Viswanathan while relying on Javed and others vs. State of Haryana and others(2003).

The Supreme 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.

Here, 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 turned down 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.

Against the High Court decision, the candidate preferred the civil appeal before the Supreme Court.

At the outset, 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 Supreme Court.

The Supreme Court rejected 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.

“Assuming it to be correct, we are of the view that such a plea does not advance the appellant's case. 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.”, observed the Supreme Court.

In view of this, the Top Court didn't find any ground to interfere with the view taken by the High Court.

The appeal was accordingly dismissed.

Case Details: RAMJI LAL JAT Versus THE STATE OF RAJASTHAN & ORS., CIVIL APPEAL No.2744 OF 2024

Citation : 2024 LiveLaw (SC) 175

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