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(ii) U.P.State Road Transport Corporation and another v. U.P.Parivahan Nigam Shishukhs Berozgar Sangh and others , 1995 (2) Supreme Court Cases 1 :

"12. 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 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.Hargopal, 1987 (3) SCC 308 : 1987 SCC (L&S) 227 : 1987 (4) ATC 51 : AIR 1987 SC 1227 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."

11. As already stated, a Full Bench of the Apex Court in K.B.N.Visweswara Rao's case, cited supra, has impliedly overruled the decision in Hargopal's case. In both the cases, facts and circumstances were available under the provisions of The Employment Exchanges Act. But, the case on hand involves a question relatable to the provisions of The Apprentices Act,1961, for which another Full Bench decision in U.P.State Road Transport Corporation and another v. U.P.Parivahan Nigam Shishukhs Berozgar Sangh and others, referred above, would also be applicable. In the said case, the Supreme Court, while discussing the facts of the case and formulating a principle with regard to the claim of trainees to get employment after successful completion of their training, proceeds to hold that other things being equal, trained apprentices should be given preference over direct recruits. This is clause (1) in para 12 of the said decision. Clause (2) goes to the effect, that, for the above said procedure, a trainee would not be required to get his name sponsored by any employment exchange and the decision of this Court (Apex Court) in Hargopal's case would permit the same. In the said case, the Supreme Court has remarkably distinguished the cases of direct recruits and trained apprentices and held that trained apprentices should be given preference over direct recruits.

12. The Ministry of Defence, Government of India, vide proceedings No.570/A/1/(III), dated 15/20 October,1999, issued a circular to the General Managers of all the factories, stating that in compliance with the Supreme Court judgment, efforts will be made to meet the requirements by appointing ex-Trained Apprentices of the factory as far as possible and only when the ex-Trained Apprentices are not available, recruitment from other sources will be resorted to.

13. On a careful reading of the decisions of the Apex Court, cited by both the counsel, and also the records, we deem it appropriate to follow the principles laid down in U.P.State Road Transport Corporation and another v. U.P.Parivahan Nigam Shishukhs Berozgar Sangh and others, 1995 (2) SCC 1, and Excise Superintendent, Malkapatnam, v. K.B.N.Visweswara Rao, 1996 (6) Supreme Court Cases 216, and hold that the requisitioning department should call for the list of eligible candidates from employment exchange and the apprentice department or undertaking or establishment shall invite candidates by publication in newspapers and other media, and then consider the cases of all the candidates, who have applied, and, in the selection process, other things being equal, trained apprentices shall be given preference. The said procedure shall be adopted on future occasions and the appointments made hitherto shall stand unchanged.