SC upholds Rajasthan rule excluding candidates having more than two children from public employment

New Delhi, February 29 – The Supreme Court has upheld the validity of a provision of Rajasthan service rules, excluding candidates having more than two children from public employment.

A bench headed by Justice Surya Kant was hearing a special leave petition filed by an ex-serviceman whose candidature was rejected for the post of constable in the Rajasthan Police on the ground that he had more than two children.

The bench, also comprising Justices Dipankar Datta and K.V. Viswanathan, noted that a somewhat similar provision in Haryana, which was introduced as an eligibility condition to contest panchayat elections, had been earlier upheld by the apex court in 2003.

In October 2022, the Rajasthan High Court had refused to entertain the appellant’s petition, saying that the Rajasthan Various Service (Amendment) Rules, 2001 falls within the realm of policy and does not warrant any interference.

Dismissing the appeal, the Supreme Court said that it does not find any ground to interfere with the view taken by the high court. In the case of Javed and others versus State of Haryana, it was laid down by the apex court 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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