Supreme Court upholds Rajasthan govt's rule disqualifying candidates with more than 2 children from police constable posts

The Bench of Justices Surya Kant, Dipankar Datta, and KV Viswanathan upheld the rule, emphasizing its alignment with the objective of promoting family planning.

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Courtesy: ANI

In a recent verdict, the Supreme Court endorsed the Rajasthan Government's decision to disqualify candidates from applying for police constable positions if they have more than two children. The Court deemed Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, which enforces this restriction, as constitutional and non-discriminatory.

Constitutional Validity

The Bench of Justices Surya Kant, Dipankar Datta, and KV Viswanathan upheld the rule, emphasizing its alignment with the objective of promoting family planning. The Court referenced its precedent in the case of Javed and others vs. State of Haryana and others (2003) to support the decision.

Case Background

The Supreme Court affirmed the High Court's ruling, which rejected the plea of an ex-serviceman seeking eligibility for a police constable job in Rajasthan. The candidate's application was denied due to having more than two children after the specified date of 01.06.2002, as per Rule 24(4) of the aforementioned service rules.

Legal Standpoint

The High Court maintained that Rule 24(4) falls within the realm of policy and is beyond the purview of judicial interference. The appellant challenged this decision in the Supreme Court, citing inconsistencies in the application of similar rules for ex-servicemen.

Supreme Court's Decision

Referring to its precedent in Javed's case, the Supreme Court rejected the appellant's argument regarding the absence of similar restrictions in ex-servicemen recruitment rules. The Court affirmed that the recruitment process for police constables is governed by the Rajasthan Police Subordinate Service Rules, 1989, and found no basis for intervention.

With the dismissal of the appeal, the Supreme Court has upheld the constitutional validity of Rule 24(4), reinforcing the government's prerogative to enforce policies aimed at promoting family planning within the realm of public service recruitment.