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"I. Stipend should be withheld when an extension/a repeat course is considered necessary at the end of prescribed period of training for the reasons that the apprentices has failed to complete the prescribed training satisfactorily. The stipend need not however, be withheld at an intermediate stage but it should be considered an individual merits whether the Apprentice should continue to receive training or be discharged.

As regards future trainees in the above categories it should be prescribed in the terms of appointment that a repeat course, if considered necessary by the Administration, shall be given without stipend or any other remuneration.

III. Scheduled Caste/Tribe Apprentices/ Trainees may be given a second chance with stipend/pay and the third chance, if considered necessary without stipend/pay."

In the said Circular, it is mentioned that the benefits are granted to reserved category i.e. SC/ST Apprentices/Trainees may be given a second chance with stipend and the third chance without stipend.

3. Learned counsel for the applicant further submits that the applicant shall be satisfied if the department considers his case at par with SC/ST candidate as per the Circular dated 21.11.1961 which is applicable till date. The applicant has also drawn our attention towards one letter dated 25.10.2007 where a similarly situated person Mr. Sudhir Kumar Sharma S/o Mr. Raghubir Prasad, who was selected for the post Assistant Loco Pilot, was given a third chance without stipend.

b. The Trainees/Apprentices, other than those covered under the Apprentices Act, 1961, belonging to OBC categories may be given one repeat course or 2nd Chance without any stipend or any other remuneration.

c. The Trainees/Apprentices, other than those covered under the Apprentices Act, 1961, belonging to SC/ST Categories may be given 2nd chance with stipend/pay and the third chance, without stipend or any other remuneration."