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5. Such other relief as may be prayed for and this Tribunal may deem fit to grant.

6. Grant the cost of this Original Application.

2. The applicant in O.A.No.180/787/2018 had joined the Railway service in the Trivandrum Division as a Substitute Helper on the 'Train Lighting' side on 09.11.2006. He submits that he had entered the grade of Helper-II (AC) on 30.07.2010. At the time of filing the O.A he was working in the office of the SSE/E/TL/AC at Nagercoil Junction, Southern Railway. It is submitted by him that the 3 rd respondent, being the Senior Divisional Personnel Officer (SDPO), Southern Railway, Trivandrum, had issued a notification proposing to conduct a selection to fill up the 12 vacancies of Technician-III(AC) under the aforementioned 25% LDCE quota in PB I, reserved for serving employees. As per this notification dated 29.06.2016, produced at Annexure A-3, the number of vacancies in the category of Technician Grade III/AC were 12 in the 25% LDCE Quota consisting of 9 Unreserved (UR), 2 Scheduled Caste (SC) and 1 Scheduled Tribe (ST). It had also been indicated in the notification that the volunteers who would appear against the 25% LDCE quota reserved for serving employees in pursuance of the said notification, should have passed Matriculation or its equivalent or 10 th Standard pass under 10+12 Stream. Further, they should have completed minimum 3 years continuous regular service in Railways as on the date of notification. However, SC/ST employees possessing requisite qualifications would be eligible for being considered against vacancies reserved for them as per extant instruction if they had completed a minimum of one year regular service. Further, it was also indicated that the selection would consist of a written test only. In addition, it was indicated that the empanelled staff possessing the qualification of ITI/Course Completed Act Apprenticeship in the relevant trade in the Railway Establishment may be subject to trade test and those passing the same may be promoted as Technician Grade-III/AC. It was also indicated that such of the empanelled staff who do not possess the qualification of ITI/Course Completed Act Apprenticeship in the relevant trade in the Railway Establishment may be imparted suitable training for one year.

13. The crux of the argument relied upon by the applicant is based on paragraph 159 (1) of the Indian Railway Establishment Manual (IREM). It is submitted that this is the only rule in the IREM in relation to the selection to the post of Skilled Artisans Grade-III in various Engineering Departments. This rule (paragraph) provides that the posts will be filled as under :

"(i) 25% plus shortfall, if any against LDCE quota as at (ii) below by selection from Course Completed Act Apprenticeship, and ITI passed candidates in relevant trades from the open market; serving employees who are "Course completed Act Apprentices" or ITI qualified could be considered against this quota allowing age relaxation as applicable to serving employees; and Note : Act Apprenticeship/ITI in relevant trade is the only qualification and no other qualification including Diploma in Engineering should be accepted as an alternative qualification on the ground of being a higher qualification in the same line of training.

"i) 25% plus shortfall, if any against LDCE quota as at

(ii) below by selection from Course Completed Act Apprenticeship, and ITI passed candidates in relevant trades from the open market; serving employees who are "Course completed Act Apprentices" or ITI qualified could be considered against this quota allowing age relaxation as applicable to serving employees; and Note : Act Apprenticeship/ITI in relevant trade is the only qualification and no other qualification including Diploma in Engineering should be accepted as an alternative qualification on the ground of being a higher qualification in the same line of training.

19. Learned counsel for the 16 th respondent, Shri.T.C.Govindaswamy during oral submissions produced a copy of the Apprenticeship Act, 1961 for reference. As per Section (3) of the Apprenticeship Act, 1961 "a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he (a) is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age; and (b) satisfies such standards of education and physical fitness as may be prescribed." Further, it is given in the definition at Section 2(m) that "prescribed" means prescribed by the rules made under this Act. In the Apprenticeship Rules, 1992 it has been provided in Rule 3 in relation to standard of education that "a person shall be eligible for being engaged as a trade apprentice - if he satisfies the minimum educational qualifications as specified in Schedule I." Further, as per Schedule I of the rules which has prescribed the designated trade and essential/desirable educational qualifications it is indicated under Group No.9 - Refrigeration and Air-Conditioning Trades that the essential/desirable educational qualification is 'passed 10 th Class examination under 10+2 system of education or its equivalent'. Learned counsel contended that this is the same qualification which has been mentioned in the Annexure A-3 notification for selection to the post and to the extent that it had indicated the said educational qualification, the same was not challenged by the applicant. Thus, in this connection, since the only qualification which is required by the candidate is a pass in the 10 th Class, there is apparently no need for further qualifications. Thus the argument that a person who possessed a ITI or Electrical Engineering Diploma should be given additional weightage was not relevant as the only qualification under the Apprenticeship Act which is required is a pass in Class 10 examination or its equivalent.