STATE OF RAJASTHAN Vs. BHAWANI SHANKAR MOORH

JUDGEMENT

(1.) The instant intra court writ appeal is preferred by the State of Rajasthan questioning legality and validity of the order dtd. 9/2/2022 passed by the learned Single Bench, whereby the writ petition filed by the respondent was accepted and the communication dtd. 18/12/2018, whereby the candidature of the respondent for the post of Constable pursuant to the notification dtd. 25/5/2018 was rejected on the ground that a criminal case was pending against him, which fact came to light during police verification. The rejection of the candidature of the respondent writ petition was assailed on the ground that the criminal case, which was registered against him, was of the year 2011, at which point of time, he was a juvenile within the meaning of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, hereinafter referred to as "the Act of 2000") and as such, by virtue of the mandate of Sec. 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, hereinafter referred to as "the Act of 2015"), the writ petitioner was entitled to protective umbrella against use of criminal antecedents in any future recruitment process. A ground was also put forth in the writ court that on the date of passing of the impugned order, the case was under trial and the writ petitioner was not convicted for any offence. Additionally, it was contended that even in a case of conviction, protection of Sec. 24 of the Act of 2015 was required to be extended to the writ petitioner as the factum of conviction could not act as a disqualification as per the clear language of Sec. 24 of the Act of 2015.

(2.) The respondents (appellants herein) contested the writ petition on the ground that the respondent writ petitioner was later on, convicted for the offence punishable under Sec. 302 IPC amongst others, which being a crime of heinous nature, he could not have been considered for appointment on the sensitive post of Police Constable.

(3.) Learned Single Bench considered the entirety of the facts and circumstances; prevailing legal position and held that Sec. 24 of the Act of 2015 includes in its ambit, the cases of juveniles, who have been convicted and protects such juveniles from any disqualification and thus, a juvenile, who is facing trial, stands on a better footing and would definitely be entitled to protective umbrella of Sec. 24 of the Act of 2015. The learned Single Bench applied the ratio of the judgment rendered by Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India [(2016) 8 SCC 471] to the facts of the case and held that the respondent writ petitioner was entitled to protection of Sec. 24 of the Act of 2015 and as such, rejection of his candidature in subject selection process on the ground of the registration and proceedings of the criminal case was invalid. The writ petition was allowed with these observations by the order dtd. 9/2/2022, which is assailed in this intra court appeal.