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"In the background of what has been noted above, we state that the following would be kept in mind while dealing with the claim of trainees to get employment after successful completion of their training:
(1) Other things being equal, a trained apprentice should be given preference over other direct recruits;
(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. Haragopal, (1987-I-LLJ-545) (SC) 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 the 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 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 seniors."
"20. As discussed above, the endeavour of the Legislature in bringing out the Apprentices Act, 1961 is to see that the unemployed qualified candidates would get training which would enable them to improve their employment potential. If the contention of the counsel for the petitioner that trained apprentices shall not be subjected to written test and oral interview, is to be accepted, it would amount to a special category and making reservation for that category. In other words, employment is assured to every trained apprentice without any competition from any quarter, By all means, this would not be the intention of the Supreme Court. What the Supreme Court has laid down in the said decision is that preference could be given to a trained apprentice over the direct recruits, if other things being equal. In this case as the petitioner has failed even to secure the minimum percentage of marks either in written test or in oral interview, his standing on par with other candidates did not arise at all and as such no preference could be given to him over other candidates."