- (1.) The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, on 8.5.2002, whereby an Original Application filed by the petitioners seeking preferential appointment having undergone apprenticeship training, has been dismissed.
(2.) The petitioners approached the Tribunal vide an application filed under Section 19 of the Administrative Tribunals Act, 1985 (for short 'the Act') on the ground that the Administration has issued instructions from time to time for adjustment of the candidates, who have completed the apprenticeship under the Apprentices Act, 1961 and for giving preference in employment to those who got training from the Chandigarh Administration for appointment as Station Sub Attendant in the Electricity Department of the Chandigarh Administration. The petitioners have undergone apprenticeship training in the trade of Switch Board Attendant. The petitioners applied for appointment to the post of Station Sub Attendant. They were called for interview, but the appointments have been made by ignoring the petitioners in violation of the law declared by the Hon'ble Supreme Court of India in U.P. Road Transport Corporation v. U.P. Parivahan Nigam Shishukhs Bereozgar Sangh & Ors., 1995 AIR(SC) 1115, and the Instructions (Annexure A.4 and Annexure A.5).
(3.) In reply, the Administration has pointed out that 27 vacancies were conveyed to the Regional Employment Exchange, but the Administration proceeded for selection of candidates for appointment against the existing 10 number of vacancies. The Selection Committee prepared the merit list as per the qualification and performance of the candidates before the Selection Committee during the interview. The petitioners have participated in the selection process and having remained unsuccessful, they cannot be permitted to dispute the selection process. It was pleaded that under the Rules, candidates possessing National Trade Certificate in the trade of electrician are entitled for consideration for appointment to the post of Station Sub Attendant and that the preference can only be given to the Apprentices of U.T., Chandigarh, if other things are equal, but no preference can be given if other qualifications are not equal. It is further pointed out that the petitioners have been permitted to compete in the selection process and they have been interviewed.;