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Note 5 : The term "Deputation" shall mean deputation for specified period in accordance with orders of the Government in-force from time to time and in the exigencies of service, the Ordnance Factory Board or the General Manager of the factory may, in the public interest, take suitable persons from outside the Ordnance Factories Organisation on deputation to any of the posts specified in this Schedule.

Note 6: Wherever "trade test" is laid down in Column 12 of this Schedule such trade test shall be prescribed by the General Manager of the factory or the Ordnance Factory Board. The term "Trade test" will include written, oral and practical examination and aptitude test and interview and also statutory qualification test where applicable.

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:-

23. Column (11) of clause (5) of the Schedule to the Recruitment Rules, 1994 provides for recruitment by "transfer" and by "promotion". Posts which could not be filled by transfer or promotion are to be filled by direct recruitment. Column 12 prescribes "trade test" of candidates who possess statutory qualification. This "trade test" is mandatory part of recruitment on the post of semi skilled workman. "Trade Test" has been defined in Note 6 to the Recruitment Rules, 1994, aforequoted. The words "Transfer" and "Promotion" have been defined in Note 4 and 8 respectively. All the candidates who apply for direct recruitment on the left out posts under the category "Transfer" and "Promotion" have to pass "trade test" defined in Note 6, as may be prescribed by the General Manager of the factory OR the Ordnance Factory Board. The Ordnance Factory Board has prescribed it by aforequoted OFB No. 570 dated 06.01.2011 read with Annexure appended to it, followed by policy decision dated 21.10.2011, 17.10.2013 and 09.05.2016. The policy so formulated is also backed by Section 22(1) of the Act, 1961.

(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.