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India Supreme Court upholds state public employment policy barring candidates with 2+ children

by Derek Andrews
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The India Supreme Court docket on Thursday upheld a Rajasthan state legislation that gives for a two-child eligibility criterion for searching for public employment. The court docket held that the the Rajasthan Various Service (Amendment) Rules, 2001, which bars candidates who’ve greater than two kids from searching for authorities jobs, is constitutional and non-discriminatory.

With the court docket’s Thursday determination, it dismissed the enchantment filed by the petitioner who had utilized for a constable’s submit in Rajasthan Police and received his candidature rejected on the bottom that he had greater than two kids born after June 1, 2002. The candidature of the petitioner was rejected beneath the Rajasthan Varied Service (Modification) Guidelines, 2001, beneath Rule 24(4), which gives that “no candidate shall be eligible for appointment to the job who has greater than two kids on or after June 1, 2002.”

The bench of Justices Surya Kant, Diapankar Datta and Ok V Vishwanathan, whereas counting on a pre-decided case of Javed and others vs. State of Haryana, noticed, “This Court docket held that the classification, which disqualifies candidates for having greater than two dwelling kids, was non-discriminatory and intra-vires the Structure, because the goal behind the supply was to advertise household planning.”

The Rajasthan Excessive Court docket had beforehand rejected the petitioner’s enchantment in October 2022 on the bottom that this difficulty falls throughout the realm of coverage and doesn’t warrant any interference by the court docket. Thursday’s judgment comes on account of the petitioner’s enchantment to the Supreme Court docket. The court docket’s determination can be eleven years after the case of Javed and others vs. State of Haryana the place the court docket had upheld related provision launched as an eligibility to contest grass-root stage elections.

Source / Picture: jurist.org

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