The petitioner challenged the dismissal of an appeal by the Divisional Commissioner, Nagpur, concerning the appointment of the respondent, a Police Patil, due to the respondent's violation of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005. The case was remanded back to the Sub Divisional Officer (SDO), Umred, for fresh consideration in light of newly introduced rules, which make the "small family" affidavit mandatory for Police Patils.

1. Background:

   • The petitioner filed a complaint against the Police Patil (respondent no. 1) with the Sub Divisional Officer (SDO), Umred, alleging inappropriate behavior and violation of the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005, by having a third child.
   • The complaint was dismissed by the SDO on 1-6-2019, and the appeal was also dismissed by the Divisional Commissioner, Nagpur, on 14-8-2019.

2. Legal Framework:

   • The petitioner relied on the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005, which requires government employees to maintain a "small family" (two children or fewer) for appointment.
   • Rule 3 states that a person with more than two children will be disqualified unless the number of children does not increase after the commencement of the rules on 28-4-2005.

3. Authorities' Ruling:

   • The authorities dismissed the petition on the grounds that respondent no. 1 was appointed in 1999, before the rules came into effect, thus rendering the Rules of 2005 inapplicable.

4. Court's View:

   • The court noted that Rule 3 of the Rules of 2005 does apply if the number of children increased after 2005, regardless of when the appointment was made.
   • Additionally, the court referenced a 16-8-2024 Government Order making the Rules of 2005 applicable to Police Patils, which further supports the petitioner's case.

5. Order:

   • The court quashed the previous orders dated 1-6-2019 and 14-8-2019 and remanded the matter to the SDO for fresh consideration in accordance with the Rules of 2005 and the 2024 Government Order.

6. Next Steps:

   • The parties were directed to appear before the Sub Divisional Officer on 1-10-2024 for further proceedings.

Acts and Sections Discussed:

• Maharashtra Civil Services (Declaration of Small Family) Rules, 2005:
  • Rule 3: Disqualification for appointment due to having more than two children.
• Maharashtra Village Police Patil Act, 1967:
  • Relevant for determining the public servant status of Police Patils.
• Government Order dated 16-8-2024:
  • Extends the applicability of the Small Family Rules to Police Patils.

Ratio:

The court clarified that the Rules of 2005 apply not just at the time of appointment but also if the number of children increases after the commencement of the rules. The court further emphasized that the recent 2024 Government Order specifically applies the Rules of 2005 to Police Patils, mandating the submission of an affidavit of small family compliance during appointment or renewal. This is pivotal for ensuring adherence to the family size requirement in government appointments.

Subjects:

Applicability of Small Family Rules to Police Patils in Maharashtra, Maharashtra Civil Services Rules,Small Family Norm, Disqualification, Public Servant Appointment