'Non discriminatory'; SC rejects plea against rules debarring candidates with more than 2 children

New Delhi: The Supreme Court has rejected a plea against the Rajasthan government's rules which debarred a candidate from the public job if he or she was having more than two children.

A bench of Justices Surya Kant, Diapankar Datta and K V Vishwanathan said a somewhat similar provision, which was introduced as an eligibility condition to contest Panchayat elections, has been upheld by this court in 2003 in the case of Javed and others Vs State of Haryana and others.

The bench pointed this court had then held that the classification, which disqualified 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.

The court, in a recent order, declined to consider a plea by ex-serviceman Ramji Lal Jat against the Rajasthan High Court's judgment of October 12, 2022, which held that the subject rule fell within the realm of policy and does not warrant any interference.

Jat, 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. His 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 June 01, 2002, he stood disqualified for public employment under the state, as per the Rajasthan Various Service (Amendment) Rules, 2001.

According to the rules, “no candidate shall be eligible for appointment to the service who has more than two children on or after June 01, 2002.”

The appellant cited the rules with regard to the absorption of ex-servicemen where the condition of not having more than two children has not been specified. 

The court, however, said even such a plea does not advance the appellant’s case. 

The bench also pointed out it was undisputed that the appellant applied for recruitment to the post of constable in Rajasthan Police and such recruitment was governed by the Rajasthan Police Subordinate Service Rules, 1989, which have specifically been enlisted at Serial No 104 of the Schedule appended to the 2001 Rules.