In a recent development, the India Supreme Court ratified a Rajasthan state law that sets forth a two-child eligibility criterion for public employment. The court ruled that the Rajasthan Various Service (Amendment) Rules, 2001, which excludes candidates with more than two children from applying for government positions, complies with the constitution and doesn’t discriminate.
The decision comes in the light of an appeal made by a petitioner rendered ineligible for a constable position within the Rajasthan Police. The applicant’s candidature was dismissed since he fathered more than two children post June 1, 2002. This expulsion was as per the rule 24(4) under the Amendment Rules, 2001 which states that “no candidate shall be eligible for appointment to the job who has more than two children on or after June 1, 2002”.
In their judgement, the bench, including Justices Surya Kant, Diapankar Datta and K V Vishwanathan, cited a precedent case, Javed and others vs. State of Haryana, asserting that the classification, which disqualifies candidates for having more than two living children, was legitimate and met the standards set by the constitution as the aim of such provision was to advocate family planning.
Earlier, the petitioner’s appeal was refuted by the Rajasthan High Court in October 2022, based on the premise that this issue comes under the policy domain and doesn’t call for any intervention by the court. The Supreme Court’s ruling is a consequent to the appeal made by the petitioner against this decision. This is also reminiscent of a case, dating back to eleven years – Javed and others vs. State of Haryana, where the court upheld a similar provision introduced to determine eligibility for contesting local level elections.