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Showing contexts for: apprentice preference in Puneet & Anr. vs Uoi & Ors. on 20 July, 2010Matching Fragments
"(1) Other things being equal, a trained apprentice should be given preference over direct recruits.
(2) For this, a trainee would not be required to get his name sponsored by any employment exchange.
The decision of this Court in Union of India Vs. N.Hargopal would permit this.
(3) IF age bar would come in the way of the trainee, the same would be relaxed in accordance with what is staged in this regard, if any, in the service rule concerned. If the service rule be silent on this aspect, relaxation to the extent of the period for which the apprentice had undergone training would be given.
(4) The training institute concerned would maintain a list of the persons trained yearwise. The persons trained earlier would be treated as senior to the persons trained later. In between the trained apprentices, preference shall be given to those who are senior."
11. In Yogesh Kumar‟s case, the Tribunal was considering appointments to the post of „Off Set Machine Attendant‟ and in the decision it has not been noted as to whether the notified Recruitment Rules treated the post as a „Selection‟ or a „Non Selection Post‟. The claim therein that those who had successfully undergone apprenticeship training earlier would be entitled to be appointed in preference to their junior brothers, was negated by holding that direction 4 of the Supreme Court in U.P.State Road Transport Corporation‟s case did not require this to be followed. It only requires that in between trained apprentices, preference would be given to those who are senior.
12. Needless to state the 4 directions issued by the Supreme Court require that other things being equal, a trained apprentice should be given preference, should not be required to get his name sponsored by any employment exchange and if the bar of age comes in his way, benefit of age relaxation should be granted as per the service rule and if the service rule is silent on this aspect, for the period apprenticeship training was undergone should be excluded and lastly a seniority list of trained apprentices should be maintained and preference should be given to those who are senior.