RAJVEER SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A short point involved in the present petition is whether the third child born to the petitioner on account of failure of the ligation operation can be said to come within the ambit of memorandum dated 01.06.2017 to deny the ACP to the petitioner for three years.

(2.) The petitioner submits that his wife had undergone ligation operation on 18.09.2011 however the said operation was unsuccessful and she gave birth to a girl child on 16.01.2013. The petitioner already has two male children born on 21st August, 2000 and 10th September 2001 and thus he has three children, out of which one child was born after 1.6.2002. In view thereof, the State Authorities denied the petitioner to grant ACP.

(3.) Learned counsel submits that the petitioner submitted documentary proof to the authorities to show that the third child cannot be said to have been born with deliberate intentions and was born on account of failure of operation which cannot be treated to come within the ambit of the Memorandum dated 1.6.2017. The respondents did not accept the certificate issued in favour of the petitioner and passed an order treating it to be doubtful, ambiguous and suspicious resulting in filing the present petition before this court.