PRAYAGRAJ: The Allahabad high court has held that a conviction under the Juvenile Justice Act is not to be treated as disqualification for the individual's appointment in any services.
Allowing a petition filed by a Jawahar Navodaya Vidyalaya teacher, the division bench of 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 by applying for postgraduate teacher's post. 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. After a detailed inquiry, he was dismissed from service.
Later, the employee approached the high court, which allowed his petition.
Setting aside the order of the CAT, the HC on Oct 16, directed the employee's reinstatement in service with all consequential benefits.
Allowing a petition filed by a Jawahar Navodaya Vidyalaya teacher, the division bench of 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 by applying for postgraduate teacher's post. 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. After a detailed inquiry, he was dismissed from service.
Later, the employee approached the high court, which allowed his petition.
Setting aside the order of the CAT, the HC on Oct 16, directed the employee's reinstatement in service with all consequential benefits.
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