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3. By the letter dated 21.6.2004, the Board clarified that Course Completed Act Apprentices may be engaged as substitutes in administrative exigencies by the General Managers of Zonal Railways. The General Manager, Southern Railway approved engagement of Course Completed Act Apprentices trained in Railway Establishments as substitutes in Group 'D' safety category vacancies in order to meet out the bare minimum requirement of manpower. Case of Appellants is that the same was resorted to due to the reason that the Apprentices trained in the Railway Establishments would be in a position to directly undertake the work without any further training. Accordingly, notification No.P(S)/98/IV/P/Vol.III dated 29.11.2004 was issued calling for applications from the Course Completed Act Apprentices trained in Railway Establishments and process started.

4. Aggrieved by the said notification dated 29.11.2004 and engaging of Act Apprentices trained in Railway Establishments, Respondents 2 and 3 (Jaiganesh and Neelakandan) have filed O.A.No.520 of 2005 before the Central Administrative Tribunal. The grounds taken in O.A.No.520 of 2005 are that in the guise of engaging substitutes to regular vacancies in Group 'D' posts, the Appellants are attempting to make back door appointment ignoring the Rules and the Constitutional provisions. It was further contended that the Hon'ble Supreme Court time and again held that the Course Completed Act Apprentices have no right to be appointed in preference to other applicants and they have to go through the process of selection provided under the service regulations along with open market candidates and as such the impugned notification dated 29.11.2004 confining appointment to the Course Completed Act Apprentices is unconstitutional and illegal. It was averred that Section 22 of Apprentices Act makes it clear that it is not obligatory on the part of the employer to offer employment to any Apprentice who has completed apprenticeship training and in these circumstances, the action of the Railways in limiting the selection to the Course Completed Act Apprentices is illegal and is to be struck down.

15. Group 'D' posts were filled up till 2001 by Zonal Railways from open market at the level of Divisions, Workshops. From 27.11.2001, the recruitment to Group 'D' posts from open market was done by the Railway Recruitment Board. From 18.7.2005, the recruitment to Group 'D' posts are to be done by Zonal Railways themselves instead of going through Railway Recruitment Board.

16. Appellants indented for 652 Group 'D' posts before the Railway Recruitment Board. In the mean while, considering various references received from the Zonal Railways, the Railway Board clarified that Course Completed Act Apprentices can be engaged as substitutes in Group 'D' and General Manager's power in administrative exigencies subject to their fulfilment of the extant instructions prescribed for such engagement. According to Appellants, considering the exigencies of services and in view of the Board's letter dated 21.6.2004 clarifying that the Course Completed Act Apprentices can be engaged as substitutes under General Manager's power, it was decided to withdraw the indent placed before the Railway Recruitment Board and the action was initiated to engage 632 Course Completed Act Apprentices as substitutes in the first phase. Accordingly, notification dated 29.11.2004 calling for applications from the Course Completed Act Apprentices trained in the Railway Establishment was issued and process started.

A combined reading of Paras 2, 4.4, 5.1 and 5.3 of Master Circular, it is clear that there is process of planned absorption of Course Completed Act Apprentices into Railways and absorption of Course Completed Act Apprentices cannot be a source of regular recruitment. Tribunal rightly held that notification dated 29.11.2004 is not to be a source of inspiration.

25. In this context, it is relevant to refer to the interim order granted by the Court dated 27.8.2009 and the subsequent developments. Stating that huge number of vacancies existing at present and it is very much essential to engage the Course Completed Act Apprentices as substitutes to tide over the crisis, in M.P.No.1 of 2007, Appellants seek permission to engage substitutes in the safety category vacancies. By the order dated 27.8.2009 in M.P.No.1 of 2007, the Court permitted the Railway Administration to engage substitutes in the safety categories. The order dated 27.8.2009 reads as under:-