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SANDEEP MEHTA, YOGENDRA KUMAR PUROHIT
State Of Rajasthan, Through The Secretary, Home Department – Appellant
Versus
Bhawani Shankar Moorh, S/o. Shri Prabhu Dan Moorh – Respondent
JUDGMENT :
(Sandeep Mehta, J.)
1. The instant intra court writ appeal is preferred by the State of Rajasthan questioning legality and validity of the order dated 09.02.2022 passed by the learned Single Bench, whereby the writ petition filed by the respondent was accepted and the communication dated 18.12.2018, whereby the candidature of the respondent for the post of Constable pursuant to the notification dated 25.05.2018 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 Section 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 recru
The main legal point established is that a juvenile's conviction should not be a disqualification for future employment, as per Section 24 of the Juvenile Justice Act, 2015.
Juveniles in conflict with law cannot face disqualification in future employment opportunities due to prior convictions as per Section 24 of the JJ Act, 2015.
There cannot be any disqualification on a juvenile in conflict with law.
The main legal point established in the judgment is the protection of juveniles under the Juvenile Justice Act, emphasizing that a juvenile in conflict with law should not suffer any disqualification....
The Juvenile Justice Act, 2015, prohibits stigma against juveniles in conflict with the law, emphasizing the protection and rehabilitation of juveniles, and the prohibition of stigma even in cases of....
The main legal point established in the judgment is that a person's involvement in criminal cases as a minor does not automatically disqualify them for appointment in the police service, and relevant....
Denial of appointment – Qualification - A juvenile, who, has committed an offence and has been dealt with under provisions of said Act of 2000, shall not suffer disqualification, if any, attaching to....
The court affirmed that juvenile convictions should not hinder future opportunities, as mandated by Section 24 of the JJ Act, 2015.
Juvenile acquittal in serious offences bars disqualification from police employment; records obliterated under fresh start principle, overriding screening assessments of integrity.
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