SC junks plea against Rajasthan rules for candidates with more than 2 kids | Latest News India - Hindustan Times
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Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Feb 29, 2024 04:30 AM IST

For government jobs, candidates who have more than two children are not eligible for appointment under the 2001 Rajasthan Various Service (Amendment) Rules.

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children.

The bench pointed out that the 2003 decision 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. (ANI)
The bench pointed out that the 2003 decision 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. (ANI)

A bench of justices Surya Kant, Dipankar Datta and KV Viswanathan referred to the top court’s 2003 judgment that had affirmed a two-child norm as an eligibility condition to contest panchayat elections in the state.

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The bench pointed out that the 2003 decision 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 top court was hearing an appeal by an ex-serviceman against the Rajasthan high court’s 2022 order, which held that the rejection of his candidature for the post of a police constable was valid since the man had more than two children as on June 1, 2002 - when the 2001 regulations on the two-child norm kicked in.

The Supreme Court refused to interfere with the high court judgement, noting that the recruitment rules for police in the state were subject to the 2001 regulations.

Also Read | The past and present of two-child policies in India

For government jobs, candidates who have more than two children are not eligible for appointment under the 2001 Rajasthan Various Service (Amendment) Rules.

The Rajasthan Panchayati Raj Act 1994 says that if a person has more than two children, he will be disqualified from contesting election as a panch or a member. This rule was upheld by the Supreme Court in Javed Vs State of Rajasthan in 2003.

The top court said in its judgment that the classification created by it was “founded on intelligible differentia” and based on the objective of controlling population growth. With respect to the argument on reproductive autonomy under Article 21, the top court said “the lofty ideals of social and economic justice, the advancement of the nation as a whole and the philosophy of distributive justice cannot be given a go-by in the name of undue stress on fundamental rights and individual liberty”.

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