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Showing contexts for: apprentice preference in S.Samsudeen vs The Tamilnadu Electricity Board on 5 January, 2015Matching Fragments
6. The learned counsel for the appellants further contended that, there was no transparency in conducting the interview and the mode of allotment of marks to the candidates had not been disclosed. That apart, more number of trained apprentices have been selected than those sponsored through the Employment Exchange.
7. In view of the judgment of the Hon'ble Supreme Court in Civil Appeal Nos.5285 to 5328 of 1996 dated 03.10.1996, a trained apprentice should be given preference over direct recruit, other things being equal. Moreover, a trained apprentice would not be required to get his name sponsored by any Employment Exchange. In view of the judgment of the Hon'ble Supreme Court, the Tamil Nadu Electricity Board cannot be found fault in preferring the trained apprentices over the direct recruit in the cases, where the qualifications are found to be equal. Moreover, there is a prayer in one of the https://www.mhc.tn.gov.in/judis W.A.Nos.298 of 2021 etc., writ petitions that there should be a separate selection process for the candidates sponsored through Employment Exchange and they should not be called along with the apprentices. The judgment of the Hon'ble Supreme Court would clearly point out that all other things being equal, a trained apprentice should be given preference over the direct recruit. This dictum of the Hon'ble Supreme Court, will clearly indicate that the direct recruit candidates should compete on par with and along with the apprentices. Hence, the contention that they should be provided with a separate selection process is not legally sustainable.
17. When the Bench requested the Board to come out with a solution for this issue, the Standing Counsel for the Board filed a memo to the effect that at present, there are 1693 vacancies in Technical Assistant / Electrical posts. The Board has already taken steps to select 300 candidates through Direct Recruitment, after issuing amendments to the Tamil Nadu Electricity Board Service Regulations. The memo also states that the Board has taken a policy decision that all the apprentices also should undergo a written examination on par with candidates sponsored through the Employment Exchange and other things being equal, apprentice will be given preference in appointment as per the law laid down by the Hon'ble Supreme Court. The Board has also decided to relax the age to the extent of the actual period of apprentice training undergone in the Board. The said memo is recorded. https://www.mhc.tn.gov.in/judis W.A.Nos.298 of 2021 etc.,