SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that in the year 2020, when the petitioner was a minor, one FIR was registered against him under Ss. 419, 420 and 120-B IPC and Ss. 3, 4, 5, 6 of the Rajasthan Public Examinations Act, 1992. Thereafter, the concerned Juvenile Justice Board (JJB) conducted the trial and passed the order dtd. 14/9/2022, whereby the petitioner was convicted, and in that connection, was directed to remain on probation for a period of six months, subject to furnishing of a bond of Rs.5,000.00 to the effect that the petitioner shall maintain his good conduct in the society, and the learned JJB further extend to the petitioner the benefit of Sec. 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015 to the effect of removal of the said conviction order as disqualification.

(3.) Learned counsel for the petitioner submits that at the time of registration of the criminal case, the petitioner was minor and the trial was conducted by the learned JJB, wherein while passing the order, the learned JJB extended to the petitioner the benefit of Sec. 24 of the Act of 2015 by removing the disqualification of such conviction, for future employment and other purposes, therefore, the impugned rejection of the petitioner's candidature is not sustainable in the eye of law.