Delhi High Court
Govt Of Nct Of Delhi And Ors vs Parvesh on 29 July, 2025
Author: Navin Chawla
Bench: Navin Chawla
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29.07.2025
+ W.P.(C) 4126/2024 & CM APPL. 16842/2024
GOVT OF NCT OF DELHI AND ORS
.....Petitioners
Through: Mr.Karan Vir Singh, SPC with
Ms.Laavanya Kaushik, GP and
Mr.Amit, Officer.
versus
PARVESH
.....Respondent
Through: Mr.Prateek Yadav &
Ms.Shivika Nehra, Advs
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE MADHU JAIN
NAVIN CHAWLA, J. (ORAL)
1. This petition has been filed challenging the Order dated
08.11.2023 passed by the learned Central Administrative Tribunal,
Principal Bench, New Delhi, in O.A. No. 4363/2018, titled Parvesh v.
GNCTD & Ors, allowing the said O.A. filed by the respondent herein
with the following directions:-
"20. In the entire conspectus of the facts and
circumstances of the case and citations relied
upon by learned counsel for both the parties,
more particularly considering the protection
given to juveniles under The Juvenile Act, we
hold that rejection of the claim of the applicant
on the basis of his involvement in criminal
action during his life as a juvenile, cannot
come in the way of his appointment for the
post of Constable for which he has been duly
selected by the respondents. Accordingly, we
dispose of the OA (OA No. 158/2019-lead
case), with the following directions:-
i) Show Cause Notice dated 03.07.2018 and
order dated 21.12.2018 whereby candidature
of the applicant to the post of Constable (Exe.)
has been cancelled are quashed and set aside;
ii) The respondents are hereby directed to
appoint the applicant on the post of Constable
as per his merit and subject to his being found
suitable after medical examination or any
other criteria except the one regarding
juvenile acts, as discussed above; and
iii) The exercise, as ordained above, shall be
completed by the respondents within a period
of eight weeks from the date of receipt of a
certified copy of this order. It is made clear
that the applicant shall be entitled to wages
only from the date he assumes charge of the
post in question."
2. To give a brief background of the facts in which the present
petition arises, the respondent had applied for the post of Constable
(Exe.) Male in Delhi Police-2016 under the OBC category. He was
provisionally selected for the said post, subject to satisfactory
verification of his character and antecedents, medical fitness, and final
checking of documents.
3. In the verification of character and antecedents, the petitioners
received a report from SP, Rewari, Haryana, stating that the
respondent was involved in a criminal case, being FIR No. 165/2010,
under Sections 323/452/506/34 IPC, Police Station Kasola, Rewari,
Haryana, wherein he had been acquitted vide order dated 06.08.2013.
4. Claiming that in his attestation form the respondent had not
disclosed the filing of the above FIR against him, a Show Cause
Notice was issued to him for cancelling his candidature and,
eventually, by an order dated 19.09.2018, his candidature was
rejected.
5. Aggrieved thereby, the respondent approached the learned
Tribunal by way of the above O.A.
6. The learned Tribunal allowed the above O.A., along with the
batch of other O.A(s), observing therein that the respondent, on the
date of the alleged offence, was a juvenile and, therefore, in terms of
Section 19 of the Juvenile Justice (Care and Protection) Act, 2000,
and Section 24 of the Juvenile Justice (Care and Protection) Act,
2015, the same was to be expunged from the records.
7. We may herein note that, as far as the other O.A(s) are
concerned, the petitioners had also challenged the said Order before
this Court, and this Court, vide its Judgment dated 18.03.2024, passed
inter alia in WP(C) 4004/2024, titled Govt. of NCT of Delhi and Ors.
v. Vikas, 2024:DHC:2179-DB, had remanded the issue back to the
learned Tribunal to re-determine it keeping in view the Standing Order
No. 398/2018 (wrongly typed in the Judgment as Standing Order No.
398/2010 in the said order). We are informed that even on this
remand, the O.A(s) have been decided in favour of the candidates
therein, granting them the benefit of the Juvenile Justice (Care and
Protection) Act, 2000 and the Juvenile Justice (Care and Protection)
Act, 2015, and that the said orders have also been implemented by the
petitioners.
8. As far as the respondent herein is concerned, the case of the
respondent was not even otherwise covered by the Standing Orders of
the petitioners, as the respondent was less than 16 years of age at the
time of the alleged offence.
9. Therefore, in our opinion, there is no merit in the present
petition. The same is accordingly dismissed. The pending application
also stands disposed of.
10. The petitioners must comply with the order of the learned
Tribunal within a period of eight weeks from today.
NAVIN CHAWLA, J
MADHU JAIN, J
JULY 29, 2025/rv/ik
