JUDGEMENT
A.M. Kapadia, J. -
(1.) These special appeals arise out of a common order dated 7.7.08 passed by the learned Single Judge whereby the writ petitions preferred by the respective appellant claiming preferential right of consideration for appointment to the post of Technical Helper on the strength of the training acquired by them as apprentice trainee, stand dismissed.
(2.) Relying upon the circulars issued by the Government of India and the Government of Rajasthan so also the decision of the Hon'ble Supreme Court in the matter of U.P.State Road Transport Corporation( in short "U.P.S.R.T.C.") & Anr. v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh & Ors. (1995) 2 SCC, 1, it was contended on behalf of the appellants before the learned Single Judge that the respondent companies are under an obligation to offer appointments to them against the vacancies advertised inasmuch as in view of the training received as apprentice trainees, they have preferential right of appointment.
(3.) The learned Single Judge found that there was no condition in the contract of apprenticeship to the effect that appointment shall be given to the appellants after successful completion of their apprenticeship training therefore, they cannot claim appointment as a matter of right. The learned Single Judge observed that the circulars issued by the Government of Rajasthan and the Government of India only provides that while making direct recruitment against the existing vacancies, the persons who have acquired the training as apprentices shall be given preference vis a vis other persons on all other things being equal. After due consideration of the judgment of the Hon'ble Supreme Court in U.P.S.R.T.C.'s case (supra), the learned Single Judge opined that even on the basis of the law laid down by the Hon'ble Supreme Court in the said matter, the appellants cannot claim appointment as a matter of right. The learned Single Judge observed that in the said decision, the Hon'ble Supreme Court has also directed only for preferential treatment to a trained apprentice . Accordingly, the writ petitions preferred by the appellants have been dismissed.;
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