New Delhi: The Supreme Court of India, in its recent verdict mentioned that the rule of disqualifying candidates having more than two children for government jobs doesn’t violet the constitution and is not unlawful.
The Supreme Court held that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which provides that “no candidate shall be eligible for the appointment to the service who has more than two children on or after 1st June, 2002” is not unlawful and does not violate the Constitution.
While relying on Javed and others vs. State of Haryana and others (2003) case, the Bench of Justice Surya Kant, Justice Dipankar Datta and Justice KV Viswanathan said, “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.”
The Supreme Court further affirmed Rajasthan High Court’s decision, which dismissed the plea of the ex-serviceman, who had applied for the police constable in the state.
“Assuming the rule to be correct, we are of the view that such a plea doesn’t 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 Scheduled appended to the 2001 Rules,” the Supreme Court further added.
The Supreme Court dismissed the candidate’s plea that there are Rules regarding the absorption of ex-servicemen where the condition of not having more than two kids has not been specified. Furthermore, the Court didn’t find any ground to interfere with the decision given by the Rajasthan High Court.