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(iv) In the selection process, when marks were equal, trained ex-Trade Apprentices of the recruiting Ordnance Factory and the Sister Ordnance Factories were given preference.

5. Attention of this Tribunal has also been drawn by the respondents to the following principles adopted by the respondents in determining the selection-list as per the guidelines prescribed in OFB letter No.570/A/I (PT)/54/Vol.IV/294 dated 06.01.2011 : Final merit was decided on the basis of combined marks in the written and trade.

6. The respondents have informed that three years Apprenticeship Training in the Trade of AOCP is being imparted in Ordnance Factory, Chanda, and Sister Ordnance Factories apart from various Industrial Training Institutes. Hence, they have denied the contentions of the applicants that no training is imparted for DBW (SS). The applicants were not selected since they secured less marks in comparison to the selected candidates.

7. In the Rejoinder to the Reply, the applicants have questioned the contentions of the respondents that since there is no DBW Trade in the list of Trade Apprentices, conventionally AOCP Trade has been considered as relevant feeder trade for the post of DBW Trade. They have drawn attention to the fact that similar Trade of DBW (SS) in other Sister Ordnance Factories are not filled up with the Ex-Trade Apprentices of AOCP Trade alone. Moreover, among the workmen working in the DBW in various Grades in Ordnance Factory, Chanda, they mainly do not belong to the Grade of AOCP as claimed by the Respondents, but to a number of other Trades such as Labourer, Turner, Electrician, Fitter, Machinist, Millwright, Wireman, Carpenter etc. Moreover, the Ordnance Factory Bhandara, which is the sister Ordnance Factory of Chanda filled up the vacancies of DBW (SS) with Ex-Trade Apprentices not only of AOCP Trade, but other trade like Labourer, Turner, Electrician, Fitter, Machinist, Millwright, Wireman, Carpenter etc. The applicants have also quoted the judgment of the Hon'ble Madurai Bench of Madras High Court in  W.A. (MD) No.316 of 2007 in M. Sabarinathan Vs. The General Manager, Ordnance Factory Trichy and three others, wherein it was held by the Hon'ble High Court that:

"...that the requisitioning department should call for the list of eligible candidates from employment exchange and the apprentice department of undertaking or establishment shall invite candidates by publication in newspaper and other media, and then consider the cases of all the candidates (All Ex-Trade Apprentices together irrespective of their place of training -Emphasis supplied), who have applied, and, in the selection process, other things being equal, trained apprentices shall be given preference."

8. It is the contentions of the applicant that in the present case also equal opportunity should have been provided to all the Ex-Trade Apprentices, irrespective of their place of the training, with a condition that other things being equal, the trained Ex-Trade Apprentice of the recruiting factory/establishment should have been given preference and that the respondent No.3 have wrongly equated the Ex-Trade Apprentices i.e. the Applicants with the non-Ex- Trade Apprentices i.e. the Respondents No.4 to