The Allahabad High Court has ruled that a juvenile’s conviction cannot disqualify them from government service under the Juvenile Justice (Care and Protection of Children) Act, 2015, reaffirming the law’s rehabilitative spirit and protecting juveniles’ employment rights.
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UTTAR PRADESH: In a ruling reinforcing the rehabilitative spirit of juvenile law, the Allahabad High Court has held that a conviction of a juvenile does not result in disqualification from government service under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The Court clarified that this protection continues to operate unless the case falls within the narrow exception provided under Section 19(1)(i) of the Act, applicable only when a child above 16 years of age is found to conflict with the law by the Children’s Court.
The judgment was delivered by a Division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra, while hearing two connected writ petitions, one filed by a PGT (Mathematics) whose services had been terminated, and another filed by the employer challenging the order of the Central Administrative Tribunal (CAT).
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Background of the Case
The petitioner, a selected candidate for the post of PGT (Mathematics), was terminated from service following allegations that he had concealed details of a past criminal case. The case dated back to 2011, long before his appointment.
Before the Tribunal, the petitioner produced an order of the Juvenile Justice Board, which had declared that he was a juvenile at the time of the alleged offence. The Tribunal set aside the termination order, holding that no deliberate concealment could be established, but remanded the matter to the appointing authority for reconsideration.
Aggrieved by this, the petitioner approached the High Court seeking reinstatement, while the employer defended the Tribunal’s decision of remand.
Court’s Observations
The High Court undertook a detailed analysis of Section 24 of the Juvenile Justice Act, 2015, and its corresponding provision, Section 19 of the Juvenile Justice Act, 2000.
The Bench noted that both provisions shield juveniles from disqualifications resulting from convictions. However, the 2015 Act introduced a specific proviso, denying this protection only in cases where:
- The child was above 16 years of age, and
- Found to conflict with the law by the Children’s Court under Section 19(1)(i).
Since no such situation existed in the present case, the Court held that the petitioner continued to enjoy the statutory protection from disqualification.
The Bench further observed that although the petitioner was declared a juvenile in 2024 under the 2015 Act, the legal position must be determined based on the law in force at the time of the offence, i.e., in 2011. Therefore, the provisions of the Juvenile Justice Act, 2000, governed the matter.
“We are making these observations in the light of Section 24 of the Act of 2015, which is identical to Section 19 of the Act of 2000, providing that even conviction of a juvenile shall not suffer disqualification qua his services… the protection granted under sub-section (1) of Section 24 would not be available only where a child above 16 years of age is found to be in conflict with law under Section 19(1)(i).”
The High Court held that once the Tribunal had set aside the termination, it should have directed reinstatement rather than remanding the case. Accordingly, the Bench modified the Tribunal’s order and directed the employer to reinstate the petitioner with all consequential financial and service benefits within one month of receiving the judgment.
Appearances:
Petitioners: Advocates Devesh Kumar Sharma, Pankaj Kumar Gupta
Respondents: ASGI Anant Kumar Tiwari
Case Title:
Navodaya Vidhyalaya Samiti and 2 others Versus Pundarikaksh Dev Pathak and another
WRIT – A No. – 9462 of 2025
READ JUDGMENT
