Rajasthan HC Makes Exception For Widow Declared Ineligible For Job For Having More Than 2 Children, Considers Her Socio-Economic Condition
Live LawWhile exercising its inherent powers, the Jaipur bench of the Rajasthan High Court directed the State to grant employment to a widow and a mother of four belonging to the SC category, who stood meritorious in the recruitment process to the post of school lecturer, but was denied employment for having more than two surviving children. Justice Sameer Jain held that it was imperative to depart from the rigid procedural adherence in the interest of justice since the petitioner's exclusion merely on the ground of having more than 2 children, despite her socio-economic challenges, would violate constitutional guarantees provided under Articles 14 and 16. Taking into account the peculiar circumstances of the petitioner of her being an SC-widow woman, who was the sole-bread earner for her 4 children out of which one was a disabled boy, it was opined that, “The petitioner's marginalized status and meritorious standing under the widow category demand equal treatment under the law. The principles of substantive equality require the state to recognize and accommodate the unique challenges faced by individuals in disadvantaged positions.” In this background, the Court held that keeping in mind the peculiar circumstances of the Petitioner, the Court, being guided by the sense of justice, was adopting a merciful and sympathetic approach towards the petitioner, acting as “representative of the Sovereign as parens patriae”, and directed the State to grant her the appointment.
History of this topic
Rajasthan HC orders employment for SC widow denied job due to two-child norm
Hindustan Times
Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court
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Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
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Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required
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Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
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