On Thursday, Supreme Court has upheld Rajasthan’s two-child policy for public employment, stating it is non-discriminatory and constitutional. The ruling, involving ex-serviceman Ramji Lal Jat, rejected his constable application under Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989.
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NEW DELHI: On Thursday, the Supreme Court of India has recently affirmed the two-child eligibility criterion set by the Rajasthan government for individuals seeking public employment. The ruling, handed down by a bench led by Justice Surya Kant, upheld the constitutionality of the Rajasthan Various Service (Amendment) Rules, 2001, which bars candidates with more than two children from pursuing government jobs.
The case revolved around ex-serviceman Ramji Lal Jat, who, after retiring from the military in 2017, applied for a constable’s position in the Rajasthan Police on May 25, 2018. His application faced rejection due to Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which stipulates that-
“no candidate shall be eligible for appointment to the service who has more than two children on or after June 1, 2002.”
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The Supreme Court dismissed Jat’s appeal, emphasizing that the two-child norm is non-discriminatory and aligns with constitutional principles. The court asserted that the objective behind this provision is to promote family planning, echoing its 2003 stance in the ‘Javed and others vs. State of Haryana’ case. The ruling in that case established that disqualifying candidates with more than two living children is constitutional and serves the purpose of encouraging family planning.
The judgment clarified-
“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.”
Jat’s argument included references to rules governing the absorption of ex-servicemen, which did not specify the two-child condition. However, the Supreme Court asserted that the specific recruitment process for the post of Constable in Rajasthan Police is governed by the Rajasthan Police Subordinate Service Rules, 1989, and therefore, the appeal did not warrant interference.
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This began with Jat approaching the Rajasthan High Court, which upheld the disqualification rule, deeming it a matter of policy beyond the court’s interference. Undeterred, Jat pursued a civil appeal before the Supreme Court, leading to the recent affirmation of the two-child norm for public employment in Rajasthan.
