Rajasthan HC Grants Job to Widow Despite Two-Child Rule, Considers Her Socio Economic Condition
Case Name: Sunita Dhawan v State of Rajasthan & Anr.
Judge(s): Justice Sameer Jain
The Rajasthan High Court’s Jaipur bench ordered the State to provide a school lecturer job to a Scheduled Caste (SC) widow with four children, despite a rule disqualifying candidates with more than two children.
The court emphasised the need to prioritise justice over strict procedural rules, noting that excluding the petitioner for having more than two children, given her socio-economic challenges, would violate constitutional rights under Articles 14 and 16.
Although she was meritorious, she was denied the job in 2018.
The court referenced a2023 rule amendment that allowed widows and divorcees an exception and ruled that denying her employment violated equality principles.
Emphasizing justice and fairness, the court granted her relief.