Case Note & Summary
The case involved a writ petition before the Bombay High Court challenging the termination of a Police Patil for allegedly violating the Maharashtra Civil Services (Small Family) Rules, 2005. The petitioner was selected for the post of Police Patil, but his appointment was cancelled on the ground that he had suppressed the existence of a third child in his family, thereby exceeding the prescribed limit of two children under the small family norm. The petitioner contended that the third child, born in 2014, was given in adoption immediately after birth to his wife's brother, and thus should not be counted as part of his family under the Rules. He argued that Rule 2(d) specifically excludes an adopted child or children from the definition of 'small family', and since his child was adopted by another family, it should be excluded. The petitioner also emphasized that the adoption was not a ploy to secure employment, as it occurred two years before his selection in 2016. The respondent authorities maintained that the exclusion applied only to children taken in adoption by a family, not to those given away, and that the rule aimed to encourage adoption of children into families, not the giving away of biological children. The High Court examined the definition of 'small family' in Rule 2(d), which states that it consists of wife, husband, and two children, and that 'child' does not include an adopted child or children. The court interpreted this to mean that when counting the members of a family for the purpose of the Rules, children who become part of the family through adoption are not counted, but a child given away in adoption by the family is not excluded. The court found no error in the earlier order of the Maharashtra Administrative Tribunal, which had dismissed the petitioner's original application. Accordingly, the writ petition was dismissed, and the termination was upheld, with no order as to costs.
Headnote
A) Service Law - Small Family Norm - Interpretation of Rule 2(d) of Maharashtra Civil Services (Small Family) Rules, 2005 - The definition of 'small family' excludes adopted children from counting, but only children who become part of the family through adoption; a child given away in adoption by the family is not excluded. The petitioner's third biological child was given in adoption, but that did not remove the child from the petitioner's family for the purpose of the rule. The court held that the child given in adoption does not get excluded, and termination was justified. (Paras 9-11)
Issue of Consideration
Whether a child given in adoption by the family is excluded from the count of children under the definition of 'Small family' in Rule 2(d) of the Maharashtra Civil Services (Small Family) Rules, 2005.
Final Decision
Writ Petition dismissed. Rule discharged. No order as to costs.
Law Points
- Interpretation of Rule 2(d) of Maharashtra Civil Services (Small Family) Rules
- 2005
- exclusion of adopted children applies only to children adopted into the family
- not those given away in adoption
- suppression of third child justifies termination
Case Details
2018 LawText (BOM) (04) 125
WRIT PETITION NO. 2074 OF 2018
B.P. Dharmadhikari, Arun D. Upadhyay
H.D. Dangre, S.A. Ashirgade
Mr. Anna s/o Jairamji Kanire
1. The State of Maharashtra through Secretary, Revenue and Forest Department, Mantralaya, Mumbai 400 032. 2. The Collector, Nagpur, Tahsil and District – Nagpur (Maharashtra). 3. SubDivisional Officer, Katol, Tahsil – Katol, District – Nagpur (Maharashtra). 4. Tahsildar, Narkhed, Tahsil – Narkhed, District Nagpur (Maharashtra). 5. Gajanan Bhimraoji Ingle
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Nature of Litigation
Writ petition challenging termination of Police Patil for violating small family norms.
Remedy Sought
Petitioner sought quashing of termination order and the order of Maharashtra Administrative Tribunal, and reinstatement.
Filing Reason
Petitioner's selection as Police Patil was terminated on the ground of suppression of a third child, which he argued was given in adoption and thus excluded under the Rules.
Previous Decisions
Maharashtra Administrative Tribunal dismissed O.A. No. 415 of 2017 on 16.02.2018, upholding the termination.
Issues
Whether a child given in adoption by the family is excluded from the count of children under the definition of 'Small family' in Rule 2(d) of the Maharashtra Civil Services (Small Family) Rules, 2005.
Submissions/Arguments
Petitioner argued that the definition of 'Small family' excludes adopted children, and since the third child was given in adoption, it should not be counted.
Petitioner contended that the adoption was not a ploy to secure employment as it occurred two years before selection.
Respondents argued that the exclusion applies only to children taken in adoption by a family, not to those given away, and the rule aims to encourage adoption of children into families.
Ratio Decidendi
Under Rule 2(d) of the Maharashtra Civil Services (Small Family) Rules, 2005, the exclusion of 'adopted child or children' applies only to children who become part of the family through adoption, not to biological children given away in adoption. Thus, a person with three biological children, even if one is given in adoption, does not meet the small family norm of two children.
Judgment Excerpts
The definition... shows that wife, husband and two children constitute small family. The explanation clarifies that for the purpose of counting number of children in such small family, adopted child or adopted children do not count. Thus, when number of members in a family of person seeking employment is to be counted, child/ or children becoming part of that family because of their addition to it, on account of adoption are excluded.
The child given in adoption by family to other family is not excluded.
Procedural History
The petitioner was selected as Police Patil but terminated for having a third child. He filed O.A. No. 415 of 2017 before Maharashtra Administrative Tribunal, which was dismissed on 16.02.2018. He then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Civil Services (Small Family) Rules, 2005: Rule 2(d)
