1. J&K Juvenile Justice Act of 1997 (for short Act of 1997), is a legislation engineered and devised to protect those persons from various rigours of law who satisfy the provisions of the said Act. 2. Section 2(h) defines a Juvenile to mean `boy' who has not attained sixteen years of age and a girl who has not attained the eighteen years of age. 3. Section 5 of the Act of 1997, provides for conducting of trial against juvenile by Juvenile Court. 4. Section 18 of the Act of 1997, provides that in case the Juvenile is arrested in connection with commission of non-bailable offence then he is to be admitted to bail and released from the police custody. 5. It is alleged that on 24th Feb. 2009 the petitioners committed offence which is punishable u/s 302 RPC. The petitioners have been arrested in connection with the commission of the alleged offence and are languishing in the judicial custody till date. After completion of the investigation, report under section 173 Cr.P.C alongwith relevant material was produced before the court of Id Magistrate who after taking cognizance of the offence committed the case to the court of Id Sessions Judge Srinagar. 6. An application was filed by petitioners seeking benefit which would flow to them from the provisions of the Act of 1997. An enquiry in terms of Section 32 of the Act of 1997 was ordered to be conducted. In the enquiry the evidence was recorded. Petitioners produced school certificate in support of their claim of being Juvenile and to be declared so by the court. The ld. trial Judge after considering the argument of the ld. counsel for the parties as also material available on the record rejected the contention of the petitioners of being declared as juveniles. The ld. trial court came to such conclusion by not relying upon the school certificate produced by the petitioners. It is this order, which is called in question in this petition. 7. Heard learned counsel for parties. Considered the matter. 8. During pendency of this petition, petitioners have been permitted to place on record the original matriculation certificates. It is submitted at bar by Mr. It is this order, which is called in question in this petition. 7. Heard learned counsel for parties. Considered the matter. 8. During pendency of this petition, petitioners have been permitted to place on record the original matriculation certificates. It is submitted at bar by Mr. T. Khawaja ld counsel, that petitioners while being in custody appeared in the matriculation examination, results thereof were declared, that is how with the permission of the court, these documents have been placed on record of the court. 9. Ld counsel also referred to Jammu and Kashmir Juvenile Justice Rules, 2007 (for short Rules of 2007) to indicate that while considering the claim of a person seeking to be declared as Juvenile in terms of Act of 1997, either birth certificate given by a corporation or a municipal authority; or school which he has first attended or matriculation or equivalent certificate, if available, is to be considered. In absence of these documents he is to be referred to Medical Board for ascertainment of his age. Sub Rule 5 of Rule 21 of Rules of 2007 is reproduced as under: - "In every case concerning a Juvenile, the Board shall, either obtain:- i) a birth certificate given by a corporation or municipal authority; or ii) a date birth certificate from the school first attended; or iii) matriculation or equivalent certificate, if available; and iv) in the absence of (i) to (iii) above, the medical opinion by a duty constituted medical board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such medical board, regarding his age; and, when passing orders in such case shall, after taking into consideration such evidence as may be available or the medical opinion as the case may be, record a finding in respect of his age." 10. Mr. T. Khawaja, further submitted that school certificates which the petitioners have first attended were on record and even have been proved during the enquiry but the trial judge illegally did not place any reliance on them and consequently rejected the claim of the petitioners for being declared as Juveniles in terms of the Act of 1997. Mr. T. Khawaja, further submitted that school certificates which the petitioners have first attended were on record and even have been proved during the enquiry but the trial judge illegally did not place any reliance on them and consequently rejected the claim of the petitioners for being declared as Juveniles in terms of the Act of 1997. It is also submitted at bar that after the case was argued the Id trial judge called the record from the school and without indicating discrepancies which were noticed by the Id trial judge to the Id counsel, passed the impugned order. The ld counsel submitted that for this reason the impugned order is not sustainable in law. 11. Mr. Thakur Id counsel for respondents submitted that the reliance could not have been placed on the school records in as much as the investigating agency had already referred the petitioners to medical board which had opined that on the date of occurrence the petitioners have attained age of 16 years. Ld counsel further submitted that as and when age is determined by authority same cannot be changed subsequently in view of the mandate as contained in sub section 32 of Act of 1997. 12. The facts which are not in dispute are that the alleged occurrence has taken place on 24th Feb. 2009. The date of birth as recorded in school records in respect of petitioner Rouf Ahmed is 15th August 1994 and that of Barket Ahmed is 13th August 1994 which is evidenced by the matriculation certificate as well, issued during the pendency of the case by the competent authority. Rule 21(5) provides for the documents which are the to be considered in the first instance for ascertainment of age of a person who claims to be declared as juvenile under the Act of 1997. It is only when these documents are not available then the person can be referred for ascertainment of age to medical board. In this case the school record was available with the Id trial judge. The trial judge did not accept the same for the reason that there were some discrepancies noticed in the school records. It is only when these documents are not available then the person can be referred for ascertainment of age to medical board. In this case the school record was available with the Id trial judge. The trial judge did not accept the same for the reason that there were some discrepancies noticed in the school records. Rule 21 (5) (iv) provides that in absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such medicinal board, regarding his age is to be considered. The orders in such case are to be passed, after taking into consideration such evidence as may be available or the medical opinion, as the case may be. 13. In this case no Medical board was constituted in accordance with mandate of statute. The reliance placed on the medical opinion thus cannot be said to be in consonance with the Rule 21 of Rules 2007. 14. Be that as it may, as the matriculation certificate is now produced it would be appropriate to direct the Id trial judge to reconsider the matter in the light of observations made in this order and the matriculation certificate of the petitioners. 15. For the above stated reasons, the order impugned in this petition is quashed. Matter is remitted back to the Id trial judge who will consider the entire issue afresh in the light of the material available and in view of the observations made in this order and by considering the matriculation certificates of petitioners. Registry to return the original matriculation certificate(s) to the Id counsel for petitioners for their production before the Id trial judge. 16. Record be send back immediately. 17. The Id trial judge is requested to conclude the enquiry as far as possible preferably within a period of one month from the date copy of this order is received. Disposed of.