The Supreme Court has upheld the two-child eligibility criterion of the Rajasthan authorities for in search of public employment, ruling that it isn’t discriminatory and doesn’t violate the Constitution. The Rajasthan Various Service (Amendment) Rules, 2001 bar candidates who’ve greater than two kids from in search of authorities jobs.
While upholding the two-child norm, the highest courtroom dismissed the attraction filed by ex-serviceman Ramji Lal Jat, who had utilized for a constable’s job within the Rajasthan Police on May 25, 2018 after his retirement from navy in 2017.
A bench headed by Justice Surya Kant held that Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which says “no candidate shall be eligible for appointment to the service who has more than two children on or after June 1, 2002” is non-discriminatory and doesn’t violate the Constitution.
“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 bench, additionally comprising Justices Dipankar Datta and Okay V Vishwanathan, mentioned.
Jat’s candidature was rejected in gentle of Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989 on the bottom that since he had greater than two kids after June 1, 2002, he stood disqualified for public employment beneath the State, as per the Rajasthan Various Service (Amendment) Rules, 2001.
He approached the Rajasthan High Court which turned down his attraction, saying the rule beneath which he has been disqualified falls inside the realm of coverage and doesn’t warrant any interference by the courtroom.
The ex-serviceman, nonetheless, contended that along with the principles prescribing the two-child eligibility norm, there are guidelines for absorption of ex-servicemen the place the situation of not having greater than two kids has not been specified.
“Assuming it to be appropriate, we’re of the view that such a plea doesn’t advance the appellant’s case. It is undisputed that the appellant utilized for recruitment to the put up of Constable in Rajasthan Police and such recruitment is ruled by 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. Given this, we do not find any ground to interfere with the view taken by the High Court,” the apex courtroom mentioned in its judgement.
(With inputs from PTI)
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