Rajiv Sharma, J. - (1.) Heard learned Counsel for the petitioner and Mr. Sanjay Sarin, learned Standing Counsel. By means of the instant writ petition, the petitioner prays for a direction i the nature of mandamus commanding the opposite parties to give the appointment to the petitioner on the post of Junior Engineer in the department P.W.D., Uttar Pradesh. Further, the petitioner prays for a direction in the nature of mandamus commanding the opposite parties to give preference to the petitioner in the appointment as Junior Engineer over the direct recruitment.
(2.) It has been stated by the Counsel to the petitioner that the petitioner is trained Apprentice but despite the facts the petitioner is the senior-most trained apprentice, he has not been offered appointment. He submits that the work is available in the department of the opposite parties and the petitioner may h given preference in the appointment.
(3.) In support of his submission, learned Counsel for the petitioner has relied upon the judgment of the Apex Court rendered in the case of U.P. Stall Road Transport Corporation and another v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and others, 1955(70) FLR 890 (SC) : (1955) UPLBEC 320 , wherein the Apex Court has observed that: "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 thing 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 b; any employment exchange. The decision of this Court in Union of India v. Hargopal, 1987(55) FLR 602 (SC) : 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 concerned service rule. 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 concerned training institute would maintain a list of the persons trained year wise. 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. .....We make it clear that while considering the cases of the trainees for giving employment in suitable posts, what has been laid down in the Service Regulations of the Corporation shall be followed, except that the trainees would not be required to appear in any written examination, i: any, provided by the Regulations. It is apparent that before considering the cases of the trainees, the requirement of their names being sponsored by the employment exchange would not be insisted upon. In so far as the age requirement is concerned, the same shall be relaxed as indicated above.";