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 attaching to a conviction of an offence and prohibiting the publication of the name of a juvenile involved in any proceeding.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Pankaj Kumar Gupta, learned counsel for the petitioner, Mr. Umesh Chandra Tripathi, learned counsel for respondent nos. 1, 2 and 3 and Mr. Ashim Mukherjee, learned Standing Counsel for the State-respondents.

2. The writ petition has been filed, challenging the impugned order dated 24.11.2021 passed by respondent no. 3, AGM (Pers.), Canteen Stores Department (in short ‘CSD’) Ministry of Defence, Government of India whereby the candidature of the petitioner for selection on the post of Lower Division Clerk (LCD) has been rejected on the ground of suppression of material fact of his involvement in criminal case which was registered against him on 16.04.2010 prior to the submission of application form to the Office of Staff Selection Commission.

3. The facts of the present matter are as follows:

(I) The Staff Selection Commission, New Delhi issued an advertisement in the year 2017 for ‘Combined Higher Secondary Level (10+2) Examination’ inviting applications form for direct recruitment on the post of Lower Division Clerk (LCD) in various departments under the Government of India.

(II) The petitioner being qualified and eligible applied for the aforesaid post and after successfully completing written as well as type test, the petitioner was selected on the post of Lower Division Clerk (LCD) in Canteen Stores Department, Ministry of Defence, Government of India.

(III) The concerned department/respondent no. 2 issued a letter to the petitioner, offering appointment as Lower Division Clerk in Canteen Stores Department along with attestation form for employment. The petitioner submitted the attestation form along with educational certificates.

(IV) On 03.03.2020, while filling this attestation form, the petitioner himself has disclosed the information regarding pendency of one criminal case against him. On 22.10.2020, the concerned department issued a letter to the petitioner for seeking clarification with regard to the criminal case pending against him and direct the petitioner to forward the copy of F.I.R. and latest Court proceedings/orders for completion of appointment formalities.

(V) In compliance of the aforesaid letter, the petitioner submitted his reply on 06.01.2021 stating therein that the F.I.R. was lodged against him due to family property dispute with his uncle namely, Shyam Lal Yadav, which was registered as Case Crime No. 250 of 2010, under Sections 323, 504, 506, 308 I.P.C. at Police Station Soraon, District Allahabad. It was also mentioned that during investigation the trial Court had released the petitioner on bail. He has also mentioned that the Investigating Officer has submitted a charge sheet against the petitioner under Sections 323, 504, 506 I.P.C. It was also submitted that trial Court after perusing the records, on 23.12.2020 declared the petitioner Juvenile and transferred the matter before Juvenile Justice Board.

(VI) On 26.04.2021, the General Manager, Canteen Stores Department, Ministry of Defence, Govt. of India issued a letter for cancellation of appointment of the petitioner on the post of Lower Division Clerk (LCD) on the ground that he had concealed the material facts with regard to the First Information Report lodged against him.

4. Learned counsel for the petitioner submits that petitioner was juvenile at the time of alleged incident i.e. on 16.4.2010, he was 17 years 9 months and 13 days old and he was declared juvenile by the concerned Additional Chief Judicial Magistrate.

5. Learned counsel for the petitioner further submits that the respondents have acted arbitrarily in non-suiting the claim of the petitioner, merely, on the basis of pendency of criminal case which is trivial in nature and it cannot be fastened any disqualification as per relevant provisions of Juvenile Justice Board (Care and Protection of Children) Act, 2000. He further submits that the petitioner was acquitted in the aforesaid case, therefore, he gave a representation dated 23.07.2021 befor