ORDER
A.K. Rajan, J.
1. The prayer in the writ petition is to issue a writ of mandamus directing the respondents to appoint the petitioner as Assistant Engineer (Electrical) in pursuance of Memorandum No. 3346/G.55/G.551/2000, dt.24.11.2000 on the file of the second respondent without insisting on the requirement of the written examination, as contemplated therein, as far as the petitioner is concerned.
2. In the affidavit, filed by the petitioner, it is stated as follows:
(i) The petitioner is a B.E. Graduate in Electrical and Electronic Engineering; he obtained the degree in the year 1992. He was selected by the first respondent as an Apprenticeship Trainee. After completion of the Apprenticeship successfully, he was looking for employment in the first respondent. While so, in the year 1996, a notification was issued for recruitment of the post of Assistant Engineer. No preference was given to the petitioner, though he was an Apprenticeship Trainee. Hence, he filed a writ petition (WP No. 966 of 1996) seeking a direction to the Employment Exchange to sponsor his name to the first respondent.
(ii) While so, the first respondent sent communication dated 24.11.2000 calling upon the petitioner to write the examination to be held on 9.12.2000 at 9 a.m. as part of selection process to the post of Assistant Engineer apart from calling upon the petitioner to produce the certificates. Insistence to write examination for selection, is uncalled for and is without any authority of law. A Government Order has been passed in G.O. Ms. No. 142, Labour and Employment(R2) Department, dated 10.11.1998, the relevant paragraphs are as follows:
“In pursuance of the above orders of supreme of India, dated 3.10.96 in civil appeal Nos.5285 and 5328 of 1996 filed by Tamil Nadu Electricity Board and in supercession of orders issued in para 6 of G.O. Ms. No. 1151 Labour and Employment dated 18.7.79 read with Government Letter No. 35631 dated 6.12.80 the Government direct that the following shall be substituted to para 6 of G.O. Ms. No. 1151 Labour and Employment dated 18.7.89 namely:
1) Other things being equal a trained apprentice should be given preference over direct recruit.
2) A trained apprentice would not be required to get his name sponsored by any employment exchange.
3. If age bar would come in the way of trainee, the same would be relaxed in accordance with what is stated in this regard, if any, in the Service Rules concerned. If the Service Rules are silent on this aspect, relaxation to the extent of the period for which the apprentice had undergone training would be given.
4. The training institute concerned 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 seniors.
5. The apprentices/trainees shall have to go through the process of selection provided under the service rules regulation and that since the apprentices acquire training under the same management they are not required to sit in the written test but in a selection where vive-voce test is also provided, it would be necessary for the apprentices to go through the process of vive-voce.
6. The rate of reservations should be followed while absorbing the apprentices.”
In the abovesaid G.O., in Condition No. 5 it is clearly stated that apprentices/trainees shall not require to sit for the written test in the selection process, but, it would be necessary to get through the process of vivo-voce, if it is provided. Therefore, calling for the petitioner to sit in the written examination is not legally sustainable.
3. No Counter has been filed.
4. There is a specific provisions in G.O. No. 142 (referred above), the apprenticeship trainee need not write any written examination for the purpose of selection in the department. Admittedly, the petitioner underwent apprenticeship training from 6.5.1994 to 5.5.1995. Therefore, the provisions of Condition No. 5 in the Said G.O. is applicable to the petitioner and hence he shall not be called to sit for written examination for the purpose of selection as Assistant Engineer. Inasmuch as, he was called for written examination, the Order is not legally sustainable.
5. The prayer in the writ petition is only for writ of mandamus not to insist upon the petitioner to sit for written examination. That prayer cannot be refused by this court, in view of the specific provision in the above said G.O. Therefore, the writ petition is allowed to that extent. No costs. The respondents shall consider the petitioner for the next immediate selection for appointment of Assistant Engineer without insisting for written examination and only conducting vivo-voce as per the G.O. stated above. Consequently, WMP No. 30159/2000 is closed.