Rajasthan’s rule, Candidates having more than two children not eligible for government jobs is non-discriminatory and intra-vires the Constitution: SC

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The Supreme Court (SC) of India upheld the decision of the Rajasthan High Court disqualifying a candidate from applying to a government job in Rajasthan for having more than two children. It said, “This Court 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 matter was heard by a three-judge bench of the Supreme Court comprising Justice KV Viswanathan, Justice Surya Kant, and Justice Dipankar Datta

In this case, the appellant is an ex-serviceman who retired from defence services on January 30, 2017 and applied for the post of Police Constable on May 05, 2018, in the Rajasthan Police. 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 01.06.2002, he stood disqualified for public employment under the State, as per the Rajasthan Various Service (Amendment) Rules, 2001.” The Rule illustrates that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002.”

On the contrary, the appellant approached the Rajasthan High Court. The HC via an impugned order turned down the appellant’s claim and said that the reason for which his candidature was rejected ‘falls within the realm of policy and does not warrant any interference by the Court’. After hearing the matter, the SC observed that the classification, the one that disqualifies the candidature of the appellant, was non-discriminatory and intra-vires the Constitution. The bench further said that “we do not find any ground to interfere with the view taken by the High Court” and dismissed the appeal.