S.H.A. Raza and Bhagwan Din, JJ. - (1.) The petitioner after obtaining a degree of Bachelor in Engineering underwent the course of apprenticeship under the Apprentices Act in the Public Works Department. In pursuance of Notification No. Al/B-3/96-97 for recruitment of Assistant Engineers (Civil), the petitioner appeared in the examination but the result of the same is not being declared.
(2.) The contention of the petitioner is that neither the Public Service Commission has made its recommendations nor the appointment on any post in the Public Works Department has yet been made.
(3.) Placing reliance upon a decision of the Hon'ble Supreme Court in U. P. State Road Transport Corporation and another v. U. P. Pariwahan Nigam Shikshak Berojgar Sangh and others, JT 1995 (2) SC 26, which has arisen from the judgment passed by the Lucknow Bench of this Court in which one of us (Hon'ble Mr. Justice S. H. A. Raza) was a member, it was contended by the learned counsel for the petitioner that as he had underwent a training, hence he is entitled for the benefit of the order which has been passed by the Hon'ble Supreme Court. In the said judgment, Hon'ble Supreme Court issued the following directions : (i) other things being equal, a trained apprentice should be given preference over direct recruits, (ii) 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. Hargopal, AIR 1987 SC 1227, would permit this, (iii) 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 concerned service rules. If the service rules be silent on this aspect. relaxation to the extent of the period for which the apprentice had undergone training would be given. (iv) the concerned training Institute 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.";