RAMJI LAL JAT [APPELLANT] Vs. THE STATE OF RAJASTHAN & ORS. [ RESPONDENTS]
(CIVIL APPEAL No.2744 OF 2024)
(3JB, SURYA KANT, DIPANKAR DATTA, K.V. VISWANATHAN JJ.)
Facts: The appellant is an ex-serviceman, who retired from defence services on 31.01.2017. He applied for the post of Police Constable in the Rajasthan Police on 25.05.2018, but his candidature was rejected in light of Rule 24(4) of the Rajasthan Police Subordinate Service Rules, 1989, on the ground that since he had more than two children after 01.06.2002, he stood disqualified for public employment under the State, as per the Rajasthan Various Service (Amendment) Rules, 2001 (for short, `the 2001 Rules’), which, inter alia, provides that “no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002.” The aggrieved appellant approached the High Court of Judicature for Rajasthan and a Division Bench, vide the impugned judgment dated 12.10.2022, has turned down his claim on the premise that the subject-Rule, under which the appellant has been disqualified, falls within the realm of policy and does not warrant any interference by the Court.
Issue: Whether the present appeal is maintainable in the court of law?
Argument on behalf of counsel for appellant:
It is the appellant’s contention that, in addition to 109 sets of Statutory Service Rules, where the aforesaid eligibility condition has been introduced, there are Rules regarding the absorption of ex-servicemen where the condition of not having more than two children has not been specified.
Held: The court dismissed the present appeal and held that, “somewhat similar provision, which was introduced as an eligibility condition to contest Panchayat elections, has been upheld by this Court in Javed and others vs. State of Haryana and others, (2003). 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. It is undisputed that the appellant applied for recruitment to the post of Constable in Rajasthan Police and such recruitment is governed 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. In view of this, we do not find any ground to interfere with the view taken by the High Court.”
