The Gwalior Bench of Madhya Pradesh High Court has dismissed an appeal of a government official who had challenged his disqualification from the job after becoming father of a third child.
A division bench dismissed the appeal of an Assistant Seed Certification Officer who was disqualified from the government job after having the third child. While dismissing the appeal, the two-judge bench said that as per the Civil Services Act 1961 a government servant will be disqualified from the job after having a third child while in service. The Act came into effect from 26 January 2001 and thus you are not eligible for the job, the court held.
The officer identified as Laxman Singh Baghel had given the examination of Assistant Seed Certification Officer in 2009. While submitting the form on June 30, 2009, Baghel had 2 children. On November 20, 2009, he became the father of his third child.
Laxman cleared the examination and the concerned department of the state government had verified his records and documents at the time of joining. However, Laxman did not provide the details of his third child in the affidavit at the time of joining, but the information of the third child was recorded in the domicile certificate and ration card. On this basis, he was disqualified from the job and the concerned department had recommended an FIR against Laxman Singh for concealing facts.
The petitioner appealed in the HC that he was the father of two children when the application process of the job was announced and his third child was born after the exam was conducted, so the law did not apply to him at that time.
The petition argued that the eligibility of a candidate is measured from the date of submission of the application. The petitioner had his third child after the appointment and thus he had been wrongly disqualified.
Earlier, the petition was dismissed by a Single-judge Bench. Now, dismissing the writ appeal of Laxman, Justice Sheel Nagu and Justice Anand Pathak said that in this case there is no reason to take a different view from the order passed by the Single Bench. Hence, no relief was granted to Laxman.
Madhya Pradesh Civil Services Act-1961 was amended and it was made a law that those who will conceive a third child after January 26, 2001, will not be given a government job. There are also provisions for strict legal action in this law for hiding the facts.