Central Administrative Tribunal - Ahmedabad
Sachin V Prajapati vs M/O Railways on 4 May, 2026
:: 1 :: OA No. 54/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH
Original Application No. 54/2017
Dated this the 4th day of May, 2026
Reserved On: 09.04.2026
Pronounced On 04.05.2026
CORAM:
Hon'ble Shri Jayesh V. Bhairavia, Member (J)
Hon'ble Dr. Hukum Singh Meena, Member (A)
1. Shri Sachin V. Prajapati,
S/o. Vinodkumar Prajapati
Aged 20 years, Applied for the apprenticeship
R/o.: Kakoshi, Prajapativas,
Ta-Siddhpur, Dist-Patan - 384 290
2. Shri Prakash S. Tiwari
S/o. SUsheel Kumar tiwari,
Aged 23 years, Applied for the apprenticeship
R/o.: F.No. 24, Shanti Kunj, Gadkari Nagar,
Khadka Road, Bhusaval, Jalgaon - 425 201.
3. Shri Rahul Koli,
S/o. Mangaldas Koli
Aged 23 years, Applied for the apprenticeship
R/o. At & Po. Dhamangaon,
Ta: District - Jalgaon - 425 002.
....Applicants.
(By Advocate: Ms. S S Chaturvedi)
Versus
1. Union of India,
Notice to be served through, General Manager,
Western Railway, Churchgate, Mumbai - 400 020.
2. Divisional Railway Manager (E)
Western Railwa, Nr. Chamunda Pul, Amdupura
Naroda Road, Ahmedabad - 380 025.
3. Chief Mechanical engineer
Western Railway, Churchgate, Mumbai - 400 020.
........Respondents
(By Advocate:Ms. H D Shukla)
2026.05.06
P ANUKUMA
14:20:23+05'30'
:: 2 :: OA No. 54/2017
ORDER
Per :Hon'ble Dr. Hukum Singh Meena, Member (A)
1. Being aggrieved from the order No. EM/120/1 Vol.VI dated 18.11.2016 whereby the respondents have cancelled the earlier notification issued by the respondent department on 03.05.2016 and 04.05.2016 for engagement of Apprentices for training under Apprentice Act, 1961 and issued a fresh notification, applicant has filed the present OA, under Section 19 of the Administrative Tribunal Act and sought following relief: -
"8.1 Lord ships be pleased to admit this petition. And be pleased to issue order quash and setting aside the para 5 of the notification bearing no. EM/120/1Vol.Vi dated 18-11-2016 (Annex. A/01) by which cancelled the earlier notification dated 03-05-2016 and 04- 05-2016.
8.2 Be pleased declare that the second notification will be only for those candidates who have not undergone medical & Physical test and applicants earlier applications be process further since they have passed medical & Physical test.
8.3 Be pleased to direct the respondent to issue the appointment/joining order to the applicants with all consequential benefit.
8.4 The Order for be call for the record.
8.5 Any other relief which the Hon'ble Tribunal deems fit. 8.6 Cost of suit be awarded."
2. Brief facts of the case as stated by the applicants are as under: -
2.1 The applicants submitted that the respondent issued the notification-
bearing no. EM/120/1 Vol. VI dated 03-05-2016 for the engagement of total 249 Apprentices under the Apprentice Act 1961 Ahmedabad Division, Western Railway. Pursuance to the said notification dated 03.05.2016, the applicants herein applied for the said post of Apprentice and thereafter they were called for the verification of the Original documents.
2.2 Subsequently, the respondent issued the medical memo for the medical test to the applicants. The applicants appeared before the medical authority and declared fit for such appointment. Thereafter, the respondents also issued the format of indemnity Bond to the applicants.
2026.05.06 P ANUKUMA 14:20:23+05'30' :: 3 :: OA No. 54/2017 2.3 After completion of the aforesaid formalities of the appointment of the applicants as Apprentice, the respondents issued another notification dated 18.11.2016 (Annexure A/1) for engagement of total 444 apprentices under the Apprentice Act, 1961, Ahmedabad Division, Western Railway on the same terms and conditions of eligibility as per notification dated 03.05.2015 and 04.05.2016 and by treating the earlier notification as cancelled.
2.4 After the notification dated 18.11.2016 was notified by the respondents, the applicant submitted their representation dated 04.11.2016, 01.11.2016 and 04.11.2016 (Annexure A/9 to A/11 respectively) whereby the applicants have requested the respondents that since they have completed the requisite formalities in respect to the notification dated 03/04.05.2016 and were found medically fit they are waiting for their appointment as Apprentice. However, the said representation of the applicant has not been considered and the respondents are proceeding further with the fresh notification for filling up of the post of Apprentice, hence, the present OA.
3. Learned counsel for the applicant further submitted that the applicant no. 1 is ITI Passed with the trade of Diesel Mechanic, the applicant no. 2 is ITI passed with the Electrical Trade and the applicant no. 3 ITI passed with the Welder Trade. As such, all the three applicants qualified for the apprenticeships. The applicants applied for the post of Mechanic Motor Electrician and Vehicle/Machinist and Welder respectively.
3.1 Further, it is submitted that in response to the fresh notification dated 18.11.2016, the applicant nos. 1 & 2 herein had also applied again for engagement as Apprentice. However, applicant no. 3 herein has not applied for the Second notification dated 18.11.2016. According to the learned counsel, the respondents ought to have considered the first application of the applicants submitted in response to the previous/first notification dated 03.05.2016 since there is no difference in eligibility criteria mentioned in the fresh notification dated 18.11.2016.
3.2 Learned counsel for the applicant further submitted that there is no reason to apply for the second notification dated 18.11.2016 as it would 2026.05.06 P ANUKUMA 14:20:23+05'30' :: 4 :: OA No. 54/2017 save the time and public ex-chequer and as such, respondent ought to have mentioned in the second notification that those who have fulfilled the eligibility condition and passed the medical & physical test are not to apply again, since no reason are given for cancellation of earlier notification dated 03.05.2016.
3.3 Learned counsel further contended that the respondent issued the notification dated 18.11.2016 and cancelled the earlier notification dated 03.05.2016 and 04.05.2016 without reason. In para 5 of the notification dated 18.11.2016, the respondents mentioned that "This is the Joint Notification and all the Notification issued earlier by this office on 03.05.2016 & 04.05.2016 for engagement of Apprentices for training under Apprentice Act-1961 may be treated as cancelled."
It is submitted that after the completion of all the formalities for the appointment, declared under the notification of dated 3/5/2016 was cancelled by issuing the fresh notification without any reason is illegal and unconstitutional in eye of law.
3.4 Learned counsel for the applicant further contended that the respondent was required to issue appointments order in favour of applicants who had applied as per the notification dated 03.05.2016/04.05.2016. According to the learned counsel, the fresh notification dated 18.11.2016 was issued by the respondents to adjust their own persons that too without completing the procedure on notification of dated 03.05.2016. It is submitted that the respondents ought to have granted appointment to the applicant as Apprentice since they have completed all the formalities in respect to first notification dated 03.05.2016 including the medical test and any denial of it amount to deprive their right for engagement as Apprentice.
4. Per contra, respondents have filed their reply wherein they have denied the submissions made by the applicant in the OA.
4.1 Learned counsel for the respondents submitted that as per the Railway Board's letter dated 06.10.2015 (RBE No. 120/2015), the Headquarter, Western Railway in the month of February, 2016 vide letter No. 2026.05.06 P ANUKUMA 14:20:23+05'30' :: 5 :: OA No. 54/2017 E(R&T) 120/10 Vol. XXI i.e., PS No. 183/2016 (Annexure R/1) informed all the DRM (E)-BCT /BRC /ADI /RTM /RJT /BVP and Other CWM (E) that in respect to a system improvement drive has been undertaken by the Railways and as per the approval by the General Manager it has been decided that:
(i) Only 2508 slots as per enclosed list (Annexure B) has been approved for training of Apprentices under Apprenticeship Act on this Railway. No enhancement in the slots is permitted until further notice.
(ii) All the notification issued for engagement of Apprentices for training under Apprenticeship Act, 1961 as on date are to be treated as cancelled. No further action is to be taken for engagement of Apprentices based on these notifications.
(iii) A fresh Centralized notifications are to be issued for 2508 slots based on geographical jurisdiction as per details enclosed as Annexure
-'B'. Henceforth, Centralized notification will be issued by BCT, BRC, ADI, RTM, RJT & BVP Divisions and PL, MX, DHD, BVP Workshops. Small units in proximity to Division will be covered under notification issued by concerned Divisions. Details of which have been shown in Annexure - 'C'. No separate notification for each department should be issued.
(iv) The minimum educational qualification for the fresh notification to be issued will be as under: -
"Average of Matriculation (with minimum 50% aggregate marks) plus ITI marks".
4.2 Since, due to some administrative lapses in the process of engagement of Act Apprentices the respondent no. 2 issued notification dated 03.05.2016 / 04.05.2016 had invited applications only for 249 post of Apprentices of different categories of trade and had not consonance with directions issued by the Headquarters, the said notifications were treated as cancelled by fresh notification dated 18.11.2016 as per the orders of the competent authority more particularly in terms of the para-3 of the said directions (Annexure R/1 refer), and had invited 2026.05.06 P ANUKUMA 14:20:23+05'30' :: 6 :: OA No. 54/2017 application for 444 post of Apprentices afresh. Therefore, cancellation of earlier notification and issuance of fresh notification cannot be said as illegal and willful.
4.2 It is submitted that as per the Apprentice Act, 1961, it is not obligatory on the part of the Railways to offer any employment to the Apprentices. The said condition has been stipulated in the previous notification as well the fresh notification.
4.3 Further, respondents contended that they have not received any representation/applications from the applicants as contended in the OA.
4.4 Learned counsel for the respondents submitted that the respondent authority is governed by the Railway Board. The Rules and Regulations framed and issued by the Railway Board from time to time are binding upon the respondent authority.
4.5 However, it is submitted that since the earlier notification in reference to which these applicants/ candidates had applied is cancelled on administrative grounds and also as per directions of Railway Board issued on the subject "system improvement regarding selection of Apprentices for training under Apprentice Act, 1961 circulated vide HQ Office CCG office letter. Therefore, the applicants/ candidates are required to apply afresh, if otherwise fulfilling the eligibility criteria as mentioned in the notification dated 18.11.2016.
4.6 It is submitted that applicant no. 1 & 2 had admitted in the OA that in response to fresh notification dated 18.11.2016, they have submitted their application and applicant no.3 did not respond to the said fresh notification. Therefore, it is not open for them to challenge the legality of notification dated 18.11.2016.
4.7 Learned counsel for the respondents further submitted that these candidates are governed by the Apprentices Act 1961. There is no guarantee for appointment or employment after completion of the training. The contract of Apprenticeship shall terminate on the expiry of the period of training. On successful completion of the training, the Apprentices will have to undergo a trade test conducted by the 2026.05.06 P ANUKUMA 14:20:23+05'30' :: 7 :: OA No. 54/2017 Directorate General of Employment & Training which is on all India basis and the successful candidates would be awarded National Apprenticeship Certificate. Therefore, the applicants are not entitled for any relief as prayed for.
5. Heard learned counsel for the parties and perused the material available on record.
6. It is an admitted fact that the notification dated 03.05.2016 & 04.05.2016 was issued by the respondents for engagement of Apprentices under Apprenticeship Act, 1961 for Ahmedabad Division, Western Railway. It is also not denied by the respondents that the applicants herein had applied for the same and thereafter they appeared before the authority for document verification and the same was found correct. Thereafter, they were called for medical examination, wherein they were declared fit for the appointment.
6.1 Subsequently, the respondents department had cancelled the earlier notification dated 03.05.2016 & 04.05.2016 for engagement of Apprentices under Apprenticeship Act, 1961 and issued a fresh notification no. EM/120/1 Vol.VI dated 18.11.2016. However, in the fresh notification there was no change in the qualification or any other parameters as laid down in the earlier notification dated 03.05.2016 & 04.05.2016. The reason assigned by the respondents for cancellation of the previous notification dated 03.05.2016 & 04.05.2016 that there were administrative lapses and had not followed the directions issued by the Headquarters.
6.2 It is also not in dispute that in response to fresh notification dated 18.11.2016, the applicant no. 1 and 2 applied to be considered for their engagement as Apprentices, however, the applicant no. 3 has not applied for the Second notification. Further, it is noticed that the respondents have cancelled the earlier notification on administrative ground and issued fresh notification with the same set of criteria and qualification except enhancement in vacancies.
2026.05.06 P ANUKUMA 14:20:23+05'30' :: 8 :: OA No. 54/2017
7. It emerges from the record that while in the fresh notification dated 18.11.2016 the respondents have not assigned any reason for the cancellation of the previous notification nor it has been mentioned that it has been issued due to administrative lapses and not following the directions issued by the Headquarters Office, Western Railway, Churchgate, i.e., PS No. 183/2016 in the month of February, 2016. Under these circumstances, we find force in the submission of the learned counsel for the applicants herein that after completion of all formalities as per the terms and conditions stipulated in notification dated 03.05.2015 & 04.05.2016 for engagement of Apprentices under Apprenticeship Act, 1961 and they were declared medically fit and thereafter without there being any change in eligibility criteria fresh notification has been issued which deprived their right to be considered just and in fair manner.
8. In view of the aforesaid discussion, the OA is partially allowed to the extent that the respondent authorities should consider the application of the applicants herein as applied in respect to the previous notification dated 03.05.2016 if they had not applied during the subsequent notification dated 18.11.2016.
9. OA stands disposed of. MA pending if any, also stands disposed of.
(Dr. Hukum Singh Meena) (Jayesh V. Bhairavia)
Member (A) Member(J)
Anu
2026.05.06
P ANUKUMA
14:20:23+05'30'