Convicted minors eligible for govt jobs: HC
TNN | Updated: Feb 3, 2019, 07:09 IST
Representative imageJAIPUR: High Court, in an important decision, said a minor convicted under the Juvenile Justice Act, cannot be debarred from government job on becoming a major and imposed a cost of Rs 25,000 on the home department for denying the petitioner the job of a constable (driver), on this basis.
The single bench of the court gave the order on a petition by Rakesh Kumar. The petitioner said he was selected for the post of constable under the constable (driver) at 12 Battalion RAC recruitment 2018, but the department denied him appointment on the basis of a juvenile court sentence of Rs 1,000 on his father, following his admission of a crime under section 379 (theft) of the IPC in 2017.
Vikas Kabra, counsel for the petitioner, said the decision of the home department is a violation of section 24 of the JJ Act. The petitioner argued that as per section 24 of the JJ Act, “A child who has committed an offence and has been dealt with under the provisions of this Act, shall not suffer disqualification, if any attached to a conviction of an offence under such law.”
The court said the order of the RAC battalion on December 18, 2018 is quashed and set aside. The respondents are hereby directed to give appointment to the petitioner on the post of constable driver in the unit of 12th Battalion RAC Delhi, as per merit and final select list within four weeks.
The court said, “The respondent was also liable to pay a cost of Rs 25,000 to the Rajasthan Legal Services Authority, Jaipur for mechanically acting contrary to both section 24 of the Act of 2015 and Rule 13 of 1989, entailing harassment and anxiety to the petitioner and also nonchalantly adding to the overcrowded docket of this court.”
The single bench of the court gave the order on a petition by Rakesh Kumar. The petitioner said he was selected for the post of constable under the constable (driver) at 12 Battalion RAC recruitment 2018, but the department denied him appointment on the basis of a juvenile court sentence of Rs 1,000 on his father, following his admission of a crime under section 379 (theft) of the IPC in 2017.
Vikas Kabra, counsel for the petitioner, said the decision of the home department is a violation of section 24 of the JJ Act. The petitioner argued that as per section 24 of the JJ Act, “A child who has committed an offence and has been dealt with under the provisions of this Act, shall not suffer disqualification, if any attached to a conviction of an offence under such law.”
The court said the order of the RAC battalion on December 18, 2018 is quashed and set aside. The respondents are hereby directed to give appointment to the petitioner on the post of constable driver in the unit of 12th Battalion RAC Delhi, as per merit and final select list within four weeks.
The court said, “The respondent was also liable to pay a cost of Rs 25,000 to the Rajasthan Legal Services Authority, Jaipur for mechanically acting contrary to both section 24 of the Act of 2015 and Rule 13 of 1989, entailing harassment and anxiety to the petitioner and also nonchalantly adding to the overcrowded docket of this court.”
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