Juveniles cannot be disqualified from government employment based on past criminal records, as per the Juvenile Justice Act.

ORDER

By Hon’ble Mr. Justice Ranjit More, Chairman: Since common questions of law and facts were involved, this Tribunal heard six Original Applications, i.e., OA Nos. 158/2019, 4333/2018, 3270/2019, 4118/2016, 271/2019 and 4363/2018, together and disposed of them by a common order dated 08.11.2023. By the said order this Tribunal quashed and set aside the show cause notices whereby the candidature of the applicants for the post of Constable (Exe.) had been cancelled. We also directed the respondents to appoint the applicants on the post of Constable as per their merit, and subject to their being found suitable after medical examination or any other criteria except the one regarding juvenile acts. We further directed that this exercise would be completed by the respondents within a period of eight weeks from the date of receipt of the said order.

2. The respondents, Government of National Capital Territory and others, approached the Hon’ble High Court of Delhi by filing three writ petitions, i.e., WP(C) Nos.4004/2024, 4007/2024 and 4057/2024 [in cases of Vikash (OA No.158/2019); Kuldeep (OANo.271/2019); and Hanuman Singh Sekhawat (OANo.4333/2018)], respectively. These writ petitions were disposed of by the Division Bench of the Hon’ble High Court vide a common order dated 18.03.2024. The Division Bench observed that the Tribunal had failed to consider the effect of the Standing Order, which laid down parameters for determining the suitability of candidates for appointment in Delhi Police. The Division Bench also agreed with the finding of the Tribunal that the respondents could not prescribe such criteria which are contrary to the spirit of the Juvenile Justice (Care and Protection of Children) Act , 2015 (hereinafter referred as the 2015 Act), as also various decisions of the High Court and the Apex Court. The Division Bench, however, further held that the SO based on which the respondents had considered suitability of the applicants for appointment, had not been examined or quashed by the Tribunal. In the light of these observations, the Division Bench was of the view that the Tribunal ought to have examined the validity of the Standing Order which prima facie appears to be contrary to the provisions of the aforesaid Act, and, therefore, set aside the above referred order of the Tribunal and remanded the three OAs back to the Tribunal for determining the validity of the Standing Order, which was the very basis of the respondents’ action. The Division Bench also permitted the applicants to file amended OAs specifically assailing the said Standing Order.

3. In terms of the above referred decision of the Hon’ble High Court of Delhi, the applicants filed amended OAs challenging the validity of the said Standing Order. The respondents have not filed their counter reply to the amended OAs, and made a statement that the counter reply filed in the earlier round of litigation may be read as counter in the amended OAs. We accordingly heard the learned counsel for respective parties. We have also perused the pleadings of parties and the case law cited before us.

4. While hearing in OA Nos.158/2019 and 271/2019 was concluded and the same were reserved for orders on 11.12.2024, OA No.4333/2018 was heard and closed for orders on 12.12.2024. However, since common questions of law and facts are involved in all the three OAs, we propose to dispose of these OAs by the present common order. With the consent of parties, OA No.158/2019 (Vikash) has been taken as the lead case, wherein the applicant is aggrieved of Show Cause Notice dated 03.07.2018 and order dated 21.12.2018 whereby his candidature to the post of Constable (Exe.) has been cancelled. The relief prayed for in the aforesaid OA is as under:-

“8.1 To quash and se