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10. Further, attention has been drawn to Clause-11 (A) which relates to selection and is in two parts and in the second part, special condition (ii) it has been provided that all the candidates who appear in examination of 200 marks and in case of any tie between two candidates, who have secured the same marks, the person who has acquired apprenticeship and is higher in the seniority list amongst apprentices, will be given preference and further in case there is more than one candidate who has completed the apprenticeship, then the person older in age, will be given preference.

"12. In the background of what has been noted above, we state that the following would be kept in mind while dealing with the claim of trainees to get employment after successful completion of their training:
(1) Other things being equal, a trained apprentice should be given preference over direct recruits.
(2) 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. N. Hargopal [(1987) 3 SCC 308 : 1987 SCC (L&S) 227 : (1987) 4 ATC 51 : AIR 1987 SC 1227] would permit this.
(3) 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 service rule concerned. 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.
(4) The training institute concerned would maintain a list of the persons trained yearwise. 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.
"In paragraph 11, the Full Bench held that; "apprentice trainees are also required to participate in competitive examination or test as may be provided by the rules of the concerned employees in respect of recruitments and when any of them is found equal to a non-apprentice candidate after the selection test then only preference is to be given in such a case to the apprentice trainee. This protects the possibility of meritorious non-appearance candidates from being discriminated vis-a-vis apprentice trainee."