KAILAS SAMBHAJI LOHAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) A short but important question that is involved in this Writ Petition is whether the order passed by the Juvenile Justice Board holding a juvenile in conflict with law guilty of the offences punishable under Sections 324, 323, 504, 506 read with Section 34 of the Indian Penal Code would be a disqualification for him to join the services in Army.

(3.) The petitioner completed his Diploma in Mechanical Engineering with distinction on 9th June, 2015. Respondent no.4 initiated Districtwise open ground recruitment process for his Department on 27th July, 2015. The petitioner appeared before respondent no.4 and participated in the recruitment process. His medical examination was conducted. Thereafter, the petitioner appeared for written examination on 29th November, 2015. Respondent no.4 published a list of successful candidates, wherein the name of the petitioner was included. All the successful candidates were called upon to produce the original documents for verification. Accordingly, the petitioner submitted all the original documents for verification. Respondent no.2 Superintendent of Police, Nanded, issued a certificate on 6th January, 2016 and mentioned therein that Crime No.59/2010 for the offences punishable under Sections 324, 323, 504, 506 r/w. 34 of the Indian Penal Code was registered against the petitioner in Police Station Usmannagar and that he was released by the Juvenile Justice Board on 15th January, 2011, under Section 15 (1) (a) of the Juvenile Justice (Care and Protection of Children) Act, 2000, ('the Act of 2000' for short). On receiving the said certificate, respondent no.4, vide letter dated 31st March, 2016, informed the petitioner that since he was convicted for an offence under the law, could not be enrolled in the Army. Accordingly, the candidature of the petitioner came to be cancelled.