Section 24 of the Juvenile Justice Act provides absolute protection against employment disqualifications based on juvenile offenses, overriding administrative policies.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the instant OA under Section 19 of the Administrative Tribunals Act , 1985, the applicant is seeking the following reliefs:-

"a.) allow the present Original Application;

b.) direct the Respondent to issue the appointment letter to the Applicant which had been illegally and arbitrarily withheld by the Respondent authority.

c.) direct the Respondent to release all the consequential benefits since the appointment letter of the Applicant has been illegally withheld by the Respondent authority.

d.) pass such order or further orders which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."

FACTS OF THE CASE

2. As per requisition received from the Municipal Corporation of Delhi (hereinafter referred to as 'MCD'), the DSSSB advertised the vacancy of Special Educator (Primary) under Post Code No.32/21 vide its Advertisement No.01/2021 (Annexure A/2) dated 04/03/2021 with closing date of online submission of application as 14.04.2021. The detail of the vacancies as per the said Advertisement was as under: - Vacancies EWS UR OBC SC ST PwD-OH PwD-VH1126 54 487 328 164 93 23 22 (inclusive) (inclusive)

2.1 On the basis of marks secured in written Examination Tier-I held on 14.09.2021 and having been found eligible as per open merit, 1123 candidates (UR-445, EWS-51, OBC-328, SC-164, ST-90, OH-23 & VH- 22) were provisionally nominated as per their merit and 225 candidates (UR WL-100, OBC WL-70, SC WL-33, EWS WL-12, OH WL-05 & VH WL-05) were also nominated as waitlist candidates as per their merit vide Result Notice No. 1401 dated 01.07.2022 for the advertised posts subject to their fulfilling all other conditions of eligibility and also correctness of information furnished by the candidate in their online application form and e-dossier. The wait list panel of the candidates under post code 32/21 was valid upto 30.06.2023. The category-wise marks score by the last candidate provisionally nominated were as under: - .

The category-wise marks scored by the last waitlist candidate were as under::-

2.2 The applicant had also applied for the said post and appeared in the said exam. His details are as under:-

2.3 Vide Result Notice No. 1401 dated 01.07.2022, the applicant was provisionally selected/nominated in OBC Category and his e-dossier was forwarded to the MCD. The selection of the candidate was further subject to verification of documents by the respondent No.1/MCD as detailed in Clause 11 of Result Notice No. 1401 dated 01.07.2022, which reads as under:-

"11. The Competent Authority of the Department concerned shall issue the appointment letters to the candidates after being satisfied about his/her eligibility as laid down in the Recruitment Rules and after verification of the correctness of information furnished in the application form and the documents related to education qualification, age and other essential certificates as per Govt. of India instructions issued in the regards vide MHA OM NO. 2129/54-RPS, 19/11/54."

2.4 The respondent (MCD) vide letter dated 30.09.2022 (Annexure A/3) called the applicant for verification of documents.

2.5 The applicant submitted that he was required to submit the documents regarding any criminal/other case registered/pending cases against the candidates. Therea