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MANJU RANI CHAUHAN
Abhishek Kumar Yadav – Appellant
Versus
Union of India – Respondent
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:
(II) The petitioner being qualified and eligible applied for the a
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 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 main legal point established in the judgment is that while the suppression of material facts regarding criminal cases rendered the petitioners unfit for appointment, the provisions of the Juvenil....
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.
Juvenile acquittal in serious offences bars disqualification from police employment; records obliterated under fresh start principle, overriding screening assessments of integrity.
Non-disclosure of juvenile criminal cases by candidates does not constitute concealment, and such grounds cannot invalidate employment.
Juveniles cannot be disqualified from public employment due to past convictions, as per legislative intent to protect their future prospects.
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