NADEEM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 2.12.2018 (Annex.10) passed by the respondents, whereby, the petitioner has been held ineligible for appointment to the post of Constable (General).

(2.) It is inter alia indicated in the writ petition that pursuant to the advertisement to the post of Constable (General), the petitioner applied and was subjected to written examination, PST and PET, which the petitioner cleared and stood in the select list for District Bikaner (Annex.7). However, the petitioner was held ineligible by order dated 2.12.2018 (Annex.10) on account of the fact that the petitioner had undergone a trial for offences under Section IPC before the Juvenile Justice Board, Nagaur, wherein, by judgment dated 19.12.2015, the petitioner was acquitted, however, it was observed by the Superintendent of Police in the order impugned that as the petitioner has been acquitted for lack of evidence and the allegations against him were not trivial in nature but were serious in nature, he was ineligible for appointment.

(3.) It is submitted by learned counsel for the petitioner that admittedly, the petitioner was a juvenile when he underwent the trial for the alleged offences, wherein, he was acquitted by the Juvenile Justice Board by its order dated 19.12.2018 (Annex.9). It is submitted that action of the respondents in holding the petitioner ineligible is contrary to the express provisions of Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ('the Act of 2015') and that the action of the respondents in this regard cannot be justified. Reliance has been placed on judgment of this Court in Hanuman v. State of Rajasthan & Ors