Case Note & Summary
The petitioner filed a complaint against respondent no. 1, a Police Patil, before the Sub Divisional Officer (SDO) alleging inappropriate behaviour and violation of the small family norm by having a third child. The petitioner relied on the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005. The SDO dismissed the complaint on 1-6-2019, and the Divisional Commissioner dismissed the appeal on 14-8-2019, both on the ground that the Rules of 2005 were not applicable to respondent no. 1 as he was appointed in 1999, before the Rules came into force. The petitioner challenged these orders before the High Court. The High Court observed that the authorities below failed to consider the purport of Rule 3 of the Rules of 2005. Rule 3 provides that a person having more than two children on the date of commencement of the Rules shall not be disqualified so long as the number of children does not increase. The court interpreted this to mean that if the number of children increases after the commencement of the Rules, the appointment would attract disqualification. The court also noted that a Division Bench had held Police Patil to be a public servant, and the State Government had subsequently amended the recruitment rules to expressly make the 2005 Rules applicable to Police Patil. Although the amendment was not in force at the relevant time, the court found it appropriate to remand the matter for fresh consideration. The High Court partly allowed the writ petition, quashed the impugned orders, and remanded the matter to the SDO for fresh consideration in accordance with law and the observations made. The parties were directed to appear before the SDO on 1-10-2024.
Headnote
A) Service Law - Small Family Norms - Interpretation of Rule 3 - Maharashtra Civil Services (Declaration of Small Family) Rules, 2005, Rule 3 - The court interpreted Rule 3 to mean that a government servant appointed before the Rules came into force would attract disqualification if the number of children increases after the commencement of the Rules, subject to the provisos. The authorities below failed to consider this purport. (Paras 4-6) B) Service Law - Applicability to Police Patil - Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 - The court noted that a Division Bench had held Police Patil to be a public servant under the Maharashtra Village Police Patil Act, 1967. Subsequently, the State Government amended the recruitment rules to expressly make the 2005 Rules applicable to Police Patil. (Paras 7-9) C) Service Law - Remand - Fresh Consideration - The court quashed the impugned orders and remanded the matter to the Sub Divisional Officer for fresh consideration in accordance with law and in light of the observations made. (Paras 10-12)
Issue of Consideration
Whether the Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 apply to a Police Patil appointed prior to the commencement of the Rules, and whether the authorities below erred in dismissing the complaint on the ground that the Rules were not applicable.
Final Decision
Writ petition partly allowed. Impugned orders dated 14-8-2019 and 1-6-2019 quashed and set aside. Matter remanded to Sub Divisional Officer, Umred for fresh consideration in accordance with law and observations made. Parties to appear on 1-10-2024.
Law Points
- Interpretation of Rule 3 of Maharashtra Civil Services (Declaration of Small Family) Rules
- 2005
- Applicability of Rules to Police Patil
- Remand for fresh consideration
