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The Factories should follow the following procedure for processing direct recruitment to Semi-skilled Tradesman in the Industrial Cadre.

(A) The vacancies will be notified to the Employment Exchange for forwarding the list of eligible candidates. Simultaneously, the vacancies will be published in newspapers, Employment News & other media through DAVP. In addition, the recruitment notices should also be displayed the Factory's Notice Board for wide publicity. The ex-trede apprentices of the Ordnance Factories would not be required to get their names sponsored by Employment Exchange. However, the Ex-trade apprentices of the concerned recruiting Ordnance Factory would not be required to apply against the recruitment notice and they will be considered along with others. Ex trade apprentices of the Ordnance Factory may be given relaxation in age to the extent of the period for which they had undergone training.

In the selection process, other things being equal i.e. marks being equal, trained ex- Trade apprentices of the recruiting Ordnance Factory and sister Ordnance Factories shall be given preference in the order in which they are stated.

(i) In between the trained ex-Trade Apprentices of the recruiting Ordnance Factory, preference shall be given to those who are senior i.e. if two or more ex- Trade apprentices secure the same marks then preference shall be given on the basis of seniority. Seniority of ex- Trade apprentices of the recruiting Ordnance Factory shall be decided on the basis of OFB's letter No. 13/08/03-A/HRD dated 15/17-12-2003 and the relevant portion is reproduced below:-

Ministry of Defence Department of Defence Production D(Estt./NG) Subject: Recruitment of Industrial Employees from Ex-Trade Apprentice of Ofs.
In line with the amendment to Section 22 of Trade Apprentices Act, it has been decided to amend the existing policy of recruitment of industrial employees from Ex-Trade Apprentice of OFs to the extent as under:-
Provision of granting five extra marks to Ex-Trade Apprentices in the final merit list of the written examination conducted for a total of 100 marks may be included.

(d) Whether under the facts and circumstances of the case, the impugned order of the Tribunal is valid?

30. The inference drawn by the Tribunal in paragraphs 8, 9, 10 and 11 that on being selected by National Concil for Vocational Training to award certificate under the Act, 1961, candidates have legitimate expection and thus have preference in employment over the direct recruits, in the Ordnance Factory where they undergone apprenticeship. This finding of the Tribunal is not referable to any of the provisions of the Recruitment Rules, 1994. Use of the word ''preference' in clause 5(C) of the Annexure to the policy decision dated 06.01.2011 does not mean that such trained apprentices will have an exclusive right to the exclusion of all others to be considered for appointment. It provides that in the selection process, other things being equal, i.e. marks being equal, trained ex- Trade apprentices of the recruiting Ordnance Factory and sister Ordnance Factories shall be given preference in the order in which they are stated. In other words, if two or more ex Trade apprentices secure the same marks then preference shall be given on the basis of seniority and for this purpose the Ex-TA who has passed NCTVT examination in earlier batch (NCTVT) shall be senior to the Ex-TA passed in subsequent batch. Thus, the impugned order of the Tribunal drawing inference of preference and treating it as a right of the respondent-candidates to get employment as "Semi-Skilled Workman" without facing selection process to the exclusion of all others, is incorrect, unsustainable and contrary to the law laid down by Hon'ble Supreme Court in the case of State of Karnatka vs. Umadevi (supra). That apart, the Central Government has now amended policy in this regard by policy decision dated 09.05.2016 in line with Section 22 of the Act, 1961 making "Provision of granting five extra marks to Ex-Trade Apprentices in the final merit list of the written examination conducted for a total of 100 marks". The advertisement being notifications dated 20.06.2015 to 26.06.2015 are not in conflict with the Recruitment Rules, 1994 and the aforequoted policy decision of the Ordnance Factory Board and, therefore, the Tribunal has committed a manifest error of law and fact to quash it.