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 (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."

9. These directions were reiterated by this Court in U.P. Rajya Vidyut Parishad Apprentice Welfare Association & Anr. Vs. State of U.P. & Ors.[2]

10. On the basis of the aforesaid judgments, the trained apprentices claimed to be a class apart. It was claimed that the classification between the apprentices and others would not be only for the purpose of giving preferential treatment in the selection but also for giving relaxation in upper age limit, relaxation in the matter of getting their names sponsored by the employment exchange.

(iv) The Rules shall be applicable to all the Department for Direct Recruitment of Junior Engineers.

(v) The rules shall have over riding effect on all the applicable service Rules for the purpose of Direct Recruitment of Junior Engineer for once only.

20. A perusal of the aforesaid would clearly show that all the candidates including the respondents, who applied in response to the advertisement dated 27th November, 2001 were governed by the 2001 Rules. Rule 4 provides comprehensive criteria for making a selection to the post of Jr. Engineer. The written examination was to be conducted by the IIT, Roorkee. The selection was to be made on the basis of the total marks obtained by the candidates in the written examination and the interview. The list of successful candidates of the written examination was to be made available by IIT, Roorkee to PSCU. Thereafter, the PSCU was to call the candidates for interview on the basis of minimum qualifying marks in the written examination. Section 4(11) provides that the PSCU shall prepare a merit list by adding marks obtained by the candidates in the written examination and the interview. If two or more candidates secured equal marks, the candidates securing more marks in the written examination shall be preferred. In case, the marks obtained by two candidates in written examination are also equal, the older candidate shall be preferred to the younger. Therefore, it is evident that consciously the State had not provided for any preference to be given to the trained apprentices under the Rules. Keeping in view the provisions contained in the Rules, the State Government issued an advertisement on 27th November, 2001. The advertisement also did not provide for any weightage to be given to the trained apprentices. All the candidates including the respondents participated in the selection process, being fully aware that no preference will be given to the trained apprentices. This was inspite of the directions issued by this Court in UPSRTC’s case (supra). Therefore, it cannot be said that any accrued or vested right had accrued to the trained apprentices, under the 2001 Rules.

In case the additional 10 marks are restricted only to such trained apprentice candidates, it would result in hostile discrimination. This can be best demonstrated by giving an illustration. Assume there are ten candidates belonging to trained apprentices category. Let us say that candidate No.1 secures 50% total marks on the basis of the marks obtained in the written test plus interview, whilst candidates No.2 to 10 secure total marks ranging from 51 to 59. But candidate No.1 has secured total marks identical  to a direct recruit, i.e., 50%; whereas candidates No.2 to 10 have not secured marks at par with any direct recruit candidate. On the basis of the clarification dated 29th April, 2004, candidate No.1 will get the benefit of 10% weightage and candidates No.2 to 10 will not. Therefore, after weightage is given to candidate No.1, his/her total marks would be 60%. This would put him/her over and above, all other candidates, i.e., candidates No.2 to 10 who have secured higher marks than candidate No.1 who actually has lesser marks, if no weightage is given to his/her. Therefore, candidate Nos. 2 to 10 securing higher marks would be shown at a lower rank to candidate No.1 in the inter-se merit. In such a situation, a trained apprentice candidate securing lesser marks than his colleague would not only steal a march over the direct recruits but also over candidates who got more marks within his own category. Such an interpretation would lead to absurd consequences. This is not the intention of giving the preference to the trained apprentices. The interpretation sought to be placed by Mr. Hansaria would, in fact, create a sub-classification within the class of trained apprentice candidates. Such a sub-classification would have no rationale nexus, with the object sought to be achieved. The object of the preference is to give weightage to the apprentices so that the State does not lose the benefit of the training given to them, at the State expense. This would be a clear breach of Article 14 of the Constitution of India.

27. The only direction issued by this Court in UPSTRC’s case (supra) was to give preference to the trained apprentices over direct recruits. No direction is given in the judgment as to how the preference is to be given. It was left entirely to the discretion of the Government to make the necessary provision in the statutory rules. In that case, number of candidates who had successfully completed apprenticeship under the Apprenticeship Act, 1961 claimed appointment upon completion. In support of their claim, the candidates relied on number of Government Orders, which according to them held out a promise that on successful completion of apprenticeship, they would be given employment. The High Court issued a writ in the nature of Mandamus directing that such candidate should be given employment. In such circumstances, UPSRTC came before this Court and submitted that there was no obligation on the State Government to ensure employment to any trained apprentices. This Court analyzed the various Government Circulars and came to the conclusion that there is no promise held out for the candidates of definite employment. However, in order to ensure that the training given to the apprentices at the State expense is utilized, certain directions were issued, which have been reproduced earlier. As noticed earlier, inspite of the aforesaid directions, no preference was given to the trained apprentices in the selection process which was governed by the 2001 Rules, and the advertisement dated 27th November, 2001. Whilst the process of selection was still in progress, the High Court rendered its judgment in the case of Subhash Chandra (supra). For the reasons which are not made clear in the pleadings or by the learned counsel for any of the parties, the 2003 Rules were framed and enforced with effect from 31st July, 2003. Consequently, when the interviews were being conducted, the PSCU was faced with the ’amendment rules’ of 2003. Therefore, the PSCU by a letter dated 5th April, 2004 sought clarification as to whether 2001 rules would be applicable or Rules of 2003 would be applicable, to the selection process. In these circumstances, the State Government wrote to the PSCU on 29th April, 2004, on the basis of legal advice that preference to the trained apprentices is to be given only if the two candidates secured equal marks. The legal opinion clarified that the amended rules of 2003 would not be applicable to the selection process which had already started. Therefore, the selection process under the 2001 Rules was excluded.