Allahabad High Court Rules Conviction Under Juvenile Justice Act Does Not Disqualify Individuals From Appointment

Prayagraj: The Allahabad High Court has held that a juvenile's conviction under the Juvenile Justice Act is not to be treated as disqualification for appointment in any services.Allowing a petition filed by a Jawahar Navodaya Vidyalaya teacher, a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra observed: "A bare perusal of Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 makes it clear that it starts with a 'non-obstante clause' excluding the applicability of any other law in the matter of a juvenile and clearly provides that a juvenile who has committed an offence and has been dealt with under the provisions of the Act, shall not suffer disqualification attaching to a conviction of an offence under such law.It means that even if a juvenile is convicted for an offence committed by him, his conviction would not be treated as a disqualification."The petitioner had participated in a recruitment drive in 2019 initiated by the education department by applying for postgraduate teacher (PGT) post. Having been declared successful, he was issued a letter of appointment by Jawahar Navodaya Vidyalaya, Gauriganj, Amethi. Two months later, a complaint was filed against him regarding concealment of criminal history relating to an offence during his childhood while applying for an appointment, and was asked to reply.After a detailed inquiry, he was dismissed from service.Against the termination, the employee approached the Central Administrative Tribunal (CAT), Allahabad bench, whereby his application was allowed. The department was directed to conduct fresh inquiry as per the judgment of the Supreme Court in Avtar Singh vs. Union of India and others.Against this order, the employee approached the high court, which allowed his petition, holding that once the tribunal had recorded a finding regarding the employee's juvenility, it ought not to have directed for a fresh inquiry.Setting aside the order of the tribunal, the high court in its judgment dated Oct 16, directed the employee's reinstatement in service with all consequential benefits.