Juvenile’s conviction not to be treated as disqualification for appointment in services: Allahabad HC

The bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra in its order allowed the petition filed by one Pundarikaksh

The Allahabad high court has held that a juvenile’s conviction under the Juvenile Justice (JJ) Act is not to be treated as disqualification for appointment in any service.

The Allahabad high court passed the order on October 16. (For Representation)

Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification due to a conviction of an offence under such law.

The bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra in its order dated October 16, which came to light on Friday, allowed the petition filed by one Pundarikaksh who participated in a recruitment drive, 2019, initiated by the education department by applying for the post of PGT.

Being successful, he 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 the post and he was asked to reply. After a detailed inquiry, he was dismissed from service.

The court observed, “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. It means that even if a juvenile is convicted for an offence committed by him, his conviction would not be treated as a disqualification.”