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Showing contexts for: apprentice preference in C.Jayakumar vs The Chairman on 2 November, 2009Matching Fragments
9. Since 85% of marks were made available to the candidates based on their academic performance, there cannot be any speculations and it is based on an objective criteria. In so far as the candidates who had scored 14 and 15 marks in the interview are concerned, their selection was based on their academic performance. It proved to be the tilting factor in the selection. Some of the candidates who were selected by the Board and whose names were given by the petitioners, the respondent Board has produced their marks to show that in case of those candidates after adding the academic marks with the marks obtained in the interview, they were found to have higher marks compared to the other non selected candidates. The fifth respondent in each of the case were selected according to the dictum, that when everything is equal, preference must be given to candidates who were apprentices and specially trained by the respondent Board itself.
10. In this context, the respondent Board has brought to the attention of this court a judgment of the Supreme Court in Tamil Nadu Electricity Board Vs. P.Arul and others in Civil Appeal Nos. 5285 to 5328 of 1996 dated 03.10.1996. The Supreme Court after reversing the judgment of the Division Bench of this court has held as follows:-
" This Court has, therefore, clearly laid down that Apprentices/Trainees shall have, to go through the process of selection provided under the Service Regulations/Rules. Keeping in view that fact that the Apprentices acquire training under the same management, they are not required to sit in the written test but in a selection where viva-voce test is also provided, it would be necessary for the Apprentices to go through the process of viva-voce. This Court has specifically laid down that a trained apprentice should be given preference other things being equal over direct recruits. In a given case an Engineering graduate may be preferred to a diploma holder apprentice. It depends on the Selection Committee and also the Regulations/Rules governing the selection.