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3 (c). The learned counsel for the respondents 1 to 3 further submitted that OFB Board, Kolkatta widely published and circulated instructions dated 02.06.2016 for granting five marks to the Ex-Trade Apprentices and also the fact that this instruction was mentioned in the question booklets provided to the candidates while appearing for the written examination. The respondents 1 to 3 have furnished the details of six Scheduled Caste candidates to whom five marks were granted and marks obtained in the written examination and total marks after adding five marks for being Ex-Trade Apprentices. The learned counsel further contended that the petitioner was aware of this provision even before the examination. The respondents 1 to 3 enclosed a question paper along with the additional counter affidavit which contains general instructions “five extra marks to ex-trade apprentice of Ordnance Factories will be awarded in the final merit list of the written examination.” The petitioner ought to have approached the Central Administrative Tribunal for his relief and the petitioner has approached this Court after considerable delay of selection process and prayed for http://www.judis.nic.in dismissal of the writ petition.

6.In the notification, the 3rd respondent had specifically mentioned that selection will be based on the marks obtained in the written test only as trade test being qualifying in nature. The 3rd respondent has given a concession in the notification to Ex-Trade Apprentices of recruitment Ordnance Factory and sister Ordnance http://www.judis.nic.in Factories stating that marks being equal, the Ex-Trade Apprentices will be given preferences. There was no mention in the notification that Ex- Trade Apprentices will be given five additional marks, over and above the marks obtained in the written examination.

http://www.judis.nic.in

8. All the above contentions of the learned counsel for the petitioner has considerable force and are acceptable. When certain criteria have been mentioned in the publication for selection based on which the candidates participated in the selection process, the criteria mentioned in the publication cannot be changed by any subsequent instructions given by the 1st respondent. As per the publication, as rightly pointed out by the learned counsel for the petitioner, when there is no provision for granting and adding five marks to Ex-Trade Apprentices and the respondents can only give preference to Ex-Trade Apprentices, when the marks obtained by them as well as by other candidates are equal. Further, it is to be noted that the said instruction of adding five marks will be for all future recruitments in the cadres involving Ex-Trade Apprentices.

9. For better appreciation, the said instructions as contained in the additional counter affidavit is extracted hereunder :

“In line with the amendment to Section 22 of Trade Apprentices Act, it has been decided to amend the existing policy of recruitment of industrial employees from Ex- Trade apprentices of OFs to the extent as under Provisions of granting five extra marks to Ex-Trade Apprentices in http://www.judis.nic.in the final merit list of the written examination conducted for a total of 100 marks may be included.