Vidushi Nautiyal, Pune
The Rajasthan government’s two-child eligibility requirement was upheld by the Supreme Court on Thursday, barring applicants with more than two children from applying for government jobs.
As per the 2001 Rajasthan Various Service (Amendment) Rules, individuals with more than two children are not eligible to apply for government positions.
Ex serviceman Ramji Lal Jat had applied on May 25, 2018 for a constable position in the Rajasthan Police following his retirement from the military in 2017. His appeal was dismissed by the apex court.
A bench of Justices Surya Kant, Diapankar Datta, and K V Vishwanathan concluded 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 June 1, 2002,” was constitutionally compliant.
The court stated that it had previously affirmed a fairly similar provision in the 2003 case of Javed and others v. State of Haryana, which had been introduced as an eligibility requirement to contest panchayat elections. Considering that the purpose of the clause was to promote family planning, the court found that the classification—which bars candidates from holding office if they had more than two living children—was “non-discriminatory and intra-vires the Constitution.”
Jat’s application was denied under Rule 24(4) on the grounds that he was ineligible for state employment because he had more than two children after June 1, 2002. He then filed an appeal with the Rajasthan High Court, but the court turned him down, stating that the provision that disqualified him fell under policy and that the court should not get involved.
The former military man argued that there are other provisions for the absorption of former service members where the requirement of not having more than two children is not specified.
The court stood clear and determined that even if such provisions are correct, they do not strengthen the appellant’s case. There is no question that the appellant applied for a job with the Rajasthan Police, and applications for constable positions are subject to 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,” the Supreme Court said in its judgement.