Conviction of juvenile not to be treated as disqualification for appointment: Allahabad HC

Prayagraj, Oct 31 (PTI) The Allahabad High Court has held that the conviction of a juvenile is not to be treated as a disqualification for appointment in any services.

Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 stipulates that a juvenile convicted under the law shall not suffer disqualification due to a conviction of an offence under such law.

A two-judge bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra allowed the petition filed by Pundarikaksh, who had applied for the post of a government postgraduate teacher in 2019.

After having been successfully selected, the petitioner was issued a letter of appointment by Jawahar Navodaya Vidyalaya, Gauriganj, Amethi.

Two months later, a complaint was filed against him regarding concealment of criminal history while applying for appointment, and he was asked to reapply. After an inquiry, he was dismissed from service.

"A bare perusal of Section 19(1) of the Act makes it clear that it starts with a 'non-obstante clause' excluding the applicability of any other law in the matter of a juvenile and clearly provides that a juvenile who has committed an offence and has been dealt with under the provisions of the Act, shall not suffer disqualification attaching to a conviction of an offence under such law," the bench observed.

The petitioner approached the Central Administrative Tribunal, Allahabad, against the termination, and the department was directed to conduct a fresh inquiry as per the judgment of the Supreme Court in Avtar Singh vs Union of India and others.

The parties approached the high court, which allowed the October 16 order. PTI COR RAJ VN VN