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The fifty two appellants had come up in writ jurisdiction before the learned Single Judge assailing an order dated 8.5.2014 of the third respondent who is the Managing Director of the Uttar Pradesh Power Corporation Ltd. Lucknow. The third respondent had rejected the claim of the appellants seeking preference for appointment to Class-III posts/technical grade-II (T.G.-II), Fireman, Lineman etc. and an advertisement dated 6.9.2014 issued by the fourth respondent (Secretary, Vidhyut Sewa Ayog Uttar Pradesh Power Corporation Ltd.) for not granting preference to the appellants in the vacancies offered. The appellants also sought a direction to the respondents to give a preference to apprentice trainees in the selection process as well as in age pursuant to the directions of the Supreme Court in U.P. State Road Transport Corporation and others vs. U.P. Parivahan Nigam Shikshak Berozgar Sangh1. The learned Single Judge dismissed the writ petition by an order dated 24.11.2014 which is assailed in the special appeal.

The learned Single Judge referring to a Full Bench decision rendered in Arvind Gautam vs. State of U.P. and others3, rejected the claim of the appellants for preference in appointment on class-III posts.

The contention on behalf of the appellants that the respondents be directed to appoint them in the light of the judgments referred earlier, without facing the selection process consisting of a written examination rightly did not find favour with learned Judge. The Government Orders and circulars do not contemplate that apprentice trainees can be appointed without facing the selection process, including a written examination as contemplated in the rules/regulations of the concerned corporations. The Government Orders/Circulars only require that persons who have obtained apprentice training shall be given preference in appointment over other candidates in the event other conditions are the same. The apprentice trainees will have to undergo the written test and must fulfill the conditions for appointment. Section 22 of the Act does not make it obligatory on the part of the employer to offer employment to such apprentice trainees who have completed the period of apprentice training in the establishment unless there is a condition in the contract to the contrary. The model contract form in Schedule 6 of the Rules reflects what has been stated in Section 22 (I) of the Act.

(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 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."

The Full Bench decision of this Court in Arvind Gautam (supra), considered as to whether an apprentice is not required to take a competitive test. Rejecting the case of the apprentice, the Full Bench was of the view that competitive examination has not been exempted by the Supreme Court's judgment in U.P. State Road Transport Corporation (supra). Paragraph 6 and 9 of Arvind Gautam's case (supra) is extracted:-

"6. In our view, the expression "other things being equal" in paragraph 12 and absence of exemption from competitive test in the said paragraph, leads to the conclusion that all persons (including the apprentices) have to appear in the competitive test, as may be prescribed in respect of the particular selection, and if after the competitive test, any apprentice trainee gets equal marks than a non-apprentice candidate, then only preference is to be given to the said apprentice trainee."