ORDER
K. Sreedhar Rao, J.
1. The respondent called for applications for appointment to several technical posts vide Annexure-A bearing No. KaRaSa/Keka/ Nemaka/93/RDD/2003-04 dated 8.5.2003. The applicant offered himself to the selection by submitting application to the post of Assistant Artisan.
2. Regulation 8 of the Cadre and recruitment Regulations prescribe the following qualifications:
8. Category: Assistant Artisan (Class-III): Auto Mechanic/Auto Machinist/Auto Body Builder/Auto Welder/Auto Painter/ Electrician
Two out of every three vacan- Must have rendered a service
cies by promotion on the basis of not less than 3 years as
Seniority Cum-merit form the Helper ‘A’ or a combined
Category of Helper ‘A’ service of not less than 6 years
as Helper ‘A’ and Helper ‘B’
AND
Every third vacancy by direct a) A pass Certificate in ITI/
recruitment, ITC/ National
Apprenticeship Certificate
after a pass in SSLC or
equivalent qualification in:
i) Auto Mechanic/Tyre Fitter/
Vulcanising for Auto
Mechanic,
ii) Turner/Bench Fitter/
machinist/Moulder for Auto
Machinist.
iii) Body Fitter/Sheet Metal
Worker/Upholstry
(Tailoring)/Glass Cutting
Blacksmithy/Carpentry for
Auto Body Builder,
iv) Welding/Tinsmithy for Auto
Welder.
v) Painting for Auto painter
vi) A.C. Electrical/Auto
Electrical for Electrician OR
By promotion from the
Category of Helper ‘A’
where Trade Courses are
not provided in the
Certificate Course in
recognised Institutions,
treating these posts
as promotional posts.
a) A Job Oriented Diploma
conducted by the
Department of Vocational
Education, Government of
Karnataka in
respective Trades.
b) Must have practical
experience of not less than
one year in respective trade
in a Government/State
owned Undertaking or a
large private Workshop.
c) Must possess a First Class
Supervisor’s Licence for
Electrician.
3. Sri R.I.D’sa the Learned Counsel for respondents submitted that the qualification of job oriented diploma and the practical experience pertain to promotional quota. The qualifications prescribed in Regulation 8(a) (i) to (vi) pertain to direct recruitment.
4. The post of the Assistant Artisan is a promotional post and as well a post meant for direct recruitment. Two-third of the posts to be filled by promotion and one-third by direct recruitment. Pass in S.S.L.C. is a basic qualification with a pass certificate in ITI/ITC and NAC in the trade mentioned in 8(a)(i) to (vi). Pass in the job oriented diploma course conducted by the Department of Vocational Education, Government of Karnataka in the respective trades, practical experience of not less than one year in the above trades in the Government or State owned undertaking or a large private workshop, a First Class Supervisor’s Licence for Electrician are also prescribed as qualifications. The meticulous reading of the qualification fixed for Assistant Artisan by direct recruitment makes a very confusing reading. There is a reference to promotion from the category of helper-A by alternative reference to Clause (a)(vi). Thereafter the qualifications of J.O.D. and practical experience are referred to. Whether J.O.D. or practical experience constitues an alternative qualification to S.S.L.C. with a pass in ITI / ITC and N AC for the post of Artisan for direct recruitment is not clear from the text. The authorities concerned should take note of the anomalous position and take corrective steps in prescribing the qualification with necessary clarity.
5. In the instant case, the petitioner has passed S.S.L.C. and holds national Apprenticeship certificate and also holds the J.O.D. certificate issued by the Department of Vocational Education. There were totally 9 posts of assistant artisan/auto-mechanic notified for appointment. The petitioner belongs to general category and there are four posts meant for general category. List of selected candidates and the marks scored by them is at Annexure-B which is extracted hereunder for convenient reference:
SL. APPL. NAME GEN EX RU PD IN QUALI
NO. NO. DER
1 2123 Mrithunjaiah V.P. M N Y N N JOD
2 4534 Ramesh K.E. M N N N Y ITI
3 6914 Pramod K.P. M N N N N NAC
4 6025 Sudhakar N. M N Y N N ITI
5 6580 Rajesh D. M N N N Y ITI
6 6999 Nagaraja Achar M N Y N N ITI
7 4885 Sathya Sielon S. M N N N Y NAC
8 6346 Guruprasad Marla.T M N ITI
9 6015 VishwaKumar K. M N Y N N ITI
CAT DOB K Total Obtained % Age
Marks Marks
3B 25/09/72 F 249 244 97.99
SC 20/02/75 F 700 615 87.86
GM 8/6/1982 F 700 604 86.29
2A 14/02/82 F 700 600 85.71
GM 4/2/1978 F 700 597 85.29
2B 10/3/1980 F 700 596 85.14
SC 22/08/77 F 700 592 84.57
GM 1/6/1982 F 700 592 84.57
3B 19/09/82 F 700 591 84.43
6. Counsel for the petitioner relied on the ruling of the Supreme Court in U.P.S.R.T.C v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh And Ors., the following observations are made:
” 12. 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 trainee to get employment after successful completion of their training:-
1) Other things 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 by any employment exchange. The decision of this Court in Union of India v. Hargopal 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.
7. It is argued by the counsel for the petitioner that the persons who are appointed at General Category at Sl.No.5 and at Sl.No.8 have passed only ITI. The decision of the Supreme Court lays down that a person having NAC qualification should be preferred over other candidates who do not have N. A.C.
8. The requlation relating to recruitment does not give any additional weightage or preference treatment to persons having N. A.C. and they are treated on par with ITI/ITC and Job Oriented Diploma Certificate. It is argued by the counsel for the petitioner that the pass in N. A.C. requires three years rigorous training whereas for ITI or ITC certificate, the course period is only one year. Therefore, the marks obtained by a person having N. A.C. cannot be equated and compared with the marks obtained by the persons passing ITC and such consideration is contrary to the ratio laid down by the Supreme Court.
9. Annexure-E notification issued by the Government of India bearing No. DGET-292 (1)/97-AP dated 26.8.99 by the Ministry of 196 Labour, wherein it is declared that the NAC for the fitter grade will be higher grade than N. A.C. certificate for the fitter grade.
10. In the instant case, the procedure adopted for selection is totally erroneous and based on misconstruction of the basic qualification required for the post. Annexure-B shows only marks secured at technical examinations is considered and the marks secured at SSLC is not considered. When the technical qualification with SSLC is the basic qualification, it is necessary that the marks secured at SSLC and technical examination should have been considered together for evaluating the merit. Besides equalising the qualification of NAC with ITI and ITC also does not appear to be a proper approach. The , observations made by the Supreme Court lays down that “a person who passes NAC would necessarily undergo apprenticeship in the public sector undertakings. Whenever vacancy arises in the public sector undertaking, preference should be given to persons who have undergone apprenticeship in that public sector undertaking.”
11. In the instant case, the petitioner has undergone apprenticeship and taken NAC from the KSRTC, Hassan Division. The qualifications prescribed for the post and the selection appears to be illegal and contrary to the ratio laid down by the Supreme Court. The Court is conscious of the fact of selection have been made and appointments are made in the year 2003. At this distance of time it may not be proper and equitable for the Court to disturb the select list to the unjust peril of appointed candidates. The Division Bench of Delhi High Court in CIVIL WRIT PETITION 1522/83 relating to a similar situation has made the following observations in para 10.
“…In terms of the recruitment rules all these vacancies should have been filled from the trained apprentices, assuming that the equal number was available. Wehave already held that the action of the respondent-Company in not offering the employment to apprentices after their completion of training was arbitrary and illegal. If our finding is to be strictly implemented at least some of the 44 unskilled workmen might lose their jobs and the trained apprentices would have to be appointed in their place. But there is an equitable solution possible to this problem so as not to disturb the existing position. The respondent-company should consider and appoint equal number of apprentices to all the vacancies that have fallen vacant or created a new form October 1982 so as to make their number equal to that of the unskilled workmen who are appointed in their place. Till the time the number of apprentices appointed to Grade III is not equal to number of unskilled workmen promoted no further promotion of the unskilled workmen should be made.”
12. The equitable solution evolved by their Lordship of the Delhi High Court appears to be a pragmatic approach and a solution to the problem before me. Therefore I feel it just and necessary to direct the respondent to appoint the petitioner as Auto Mechanic and regularize the services as and when vacancy arises and if there is a existing vacancy he may be appointed forthwith to that post.
The petition is allowed as indicated above.