Convicted minors cannot be denied govt jobs, says Raj HC
TIMES NEWS NETWORK
Jaipur:03.02.2019
A minor convicted under the Juvenile Justice Act cannot be debarred from a government job on becoming an adult, stated the Rajasthan high court while imposing a fine of ₹25,000 on the home department for denying the petitioner a government job on the same basis.
The petitioner, Rakesh Kumar, claimed he was selected for the post of a constable with the 12 Battalion RAC recruitment in 2018, but was denied appointment because he had been convicted of theft in 2017 and had been fined ₹1,000.
Rakesh’s counsel pointed out that the home department’s decision was in violation of section 24 of the JJ Act, which states: “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.” Quashing the order of disqualification, the HC directed the respondents to appoint Rakesh as a constable driver in the 12 Battalion RAC in Delhi as per merit and add him to final select list within four weeks.
The court also fined the home department ₹25,000 — to be paid to the Rajasthan legal services authority — 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 petitioner claimed he was selected for the post of constable with the 12 Battalion RAC recruitment in 2018, but was denied appointment because he had been convicted
TIMES NEWS NETWORK
Jaipur:03.02.2019
A minor convicted under the Juvenile Justice Act cannot be debarred from a government job on becoming an adult, stated the Rajasthan high court while imposing a fine of ₹25,000 on the home department for denying the petitioner a government job on the same basis.
The petitioner, Rakesh Kumar, claimed he was selected for the post of a constable with the 12 Battalion RAC recruitment in 2018, but was denied appointment because he had been convicted of theft in 2017 and had been fined ₹1,000.
Rakesh’s counsel pointed out that the home department’s decision was in violation of section 24 of the JJ Act, which states: “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.” Quashing the order of disqualification, the HC directed the respondents to appoint Rakesh as a constable driver in the 12 Battalion RAC in Delhi as per merit and add him to final select list within four weeks.
The court also fined the home department ₹25,000 — to be paid to the Rajasthan legal services authority — 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 petitioner claimed he was selected for the post of constable with the 12 Battalion RAC recruitment in 2018, but was denied appointment because he had been convicted
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