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2022 Supreme(Raj) 96

REKHA BORANA
Bhawani Shankar Moorh S/o Sh. Prabhu Dan Moorh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Pravin Vyas.
For the Respondent: Mr. Sandeep Shah.

JUDGMENT :

REKHA BORANA, J.

1. The brief facts of the case are as under:

    The petitioner applied for the post of Constable in pursuance to the notification dated 25.05.2018 issued by the respondent Department. After having successfully passed the written examination as well as the physical verification test and the physical standard test, the petitioner was awaiting his appointment order but vide communication dated 18.12.2018 (Annex. 3) it was informed that his candidature has been rejected on the ground that a criminal case was pending against him which fact was verified during the police verification process. Aggrieved against the said rejection, the present writ petition has been filed.

2. Learned counsel for the petitioner has submitted that the criminal case registered against him was of the year 2011 at which time he was a juvenile and therefore, the trial for the said offence was conducted by Juvenile Justice Board, Bikaner. Counsel submitted that vide Section 24 of the Juvenile Justice Act, 2015 (hereinafter referred to as ‘the Act of 2015’) an umbrella protection had been granted to a juvenile and therefore, in light of the same, the protection ought to have been extended to h

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