GUWAHATI: The Supreme Court of India passed a judgement yesterday upholding the decision by the Rajasthan Government to disqualify a candidate who has more than two children from applying for the post of a police constable.
The apex court said that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which states that candidates who have more than two children on or after 01.06.2002 will not be eligible for appointment to the service, is non-discriminatory and does not violate the Constitution of India.
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A three judge Bench of Justices Surya Kant, Dipankar Datta, and KV Viswanathan referred to an earlier 2003 case of ‘Javed and others vs. State of Haryana’ and stated, “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.”
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The rule in question states that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002" after which an ex-serviceman, who had retired from the defence services and was seeking to apply for the police constable job in Rajasthan, had approached the Rajasthan High Court in 2022.
The High Court dismissed the person’s claim on the premise that the Rule, under which the appellant has been disqualified, falls within the realm of policy and does not warrant any interference by the Court, after which candidate filed a civil appeal before the Supreme Court.