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(1)
Other things being equal, a trained apprentice should be given
preference over direct recruits.
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 v. Hargopal, AIR 1987 SC 1227, would permit this.
If
age bar would come in the way of the trainee, the same would be
relaxed in accordance with what is stated in this regard, if any, in
the concerned service rule. 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.
The
concerned training institute would maintain a list of the persons
trained year wise. 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.
It
may first be noted that the appellants are not the
apprentices/trainees. They have not received training at the cost of
the State. In our view, the above referred observations made by the
Hon'ble Supreme Court do not cover the cases like the present one.
Further, even in the case of apprentice/trainee the only relaxation
that the Court recommended was to the extent of the period of
training. The claim for relaxation in the upper age limit by five
years is not supported by this judgment also.