ORDER
1. The petitioners were appointed as Corporation Apprentices on 23-3-1996, and they were posted to Sattenapalli Depot after selection in the interview conducted by the Selection Committe on 28-10-1995. The appointments of the petitioners were subjected to the following terms and conditions :
1. They will be paid consolidated pay of Rs.800/- per month during the 1st year and Rs.1,000/- during the 2nd year of the training. Thus, the total period of training will be 2 years.
2. Their training will be terminated at any time if their work is found to be unsatisfactory during the training period.
3. They are liable to be posted in any depots of Guntur Region.
4. The candidate selected, as Corporation Apprentice should be advised to appear for the examination conducted
by the National Counsel For Vocational Training and obtain National Apprenticeship Certificate to qualify themselves for consideration for regular absorption in the services of the Corporation. Their performance shall be monitored and submitted to this office for every three months period as per the proforma enclosed.
2. In pursuance of the appointment orders, the petitioners underwent training. When the matter stood thus, the petitioners were directed to produce National Apprenticeship Certificate (for short ‘NAC’). The petitioners did not produce NACs., obviously because, they did not possess those certificates. Ultimately, the services of the petitioners 1 to 5 were terminated with effect from 23-3-1999, 13-3-1999, 16-3-1999 and 13-3-1999 respectively. Hence, this writ petition in which the petitioner have sought for a mandamus declaring the action of the respondents terminating the petitioners’ services insisting production of NACs., as arbitrary, illegal and contrary to the Recruitment Rules and for a consequential direction to the Management of the APSRTC to reinstate the petitioners with all benefits.
3. In response to Rule Nisi, the respondents have filed counter-affidavit opposing the reliefs sought by the petitioners.
4. Heard the learned Counsel for the petitioners and the learned Standing Counsel for the APSRTC.
5. Let me first state the admitted facts. The petitioners are appointed as Corporation Apprentices, and after going through the prescribed training, they are entitled to be considered for appointment to the post in various trades, and all the posts to which the petitioners are entitled to be considered on completion of their training fall under Artisan Grade II posts. The APSRTC has
framed the Employees (Recruitment) Regulations, 1966 after obtaining prior sanction of the Government of Andhra Pradesh, by virtue of its power granted to it under Section 45(1) of the Road Transport Corporation Act, 1950. Two modes of recruitment to the post of Artisan Grade II are provided under the Recruitment Regulations, viz., by way of direct recruitment and by way of promotion. A candidate who competes for the post of Artisan Grade II by way of direct recruitment should be an ITI candidate, who has successfully completed his Apprenticeship training. Further, the Recruitment Regulations require that the candidate must be the holder of the National Trade Certificate in the particular Trade in which the vacancy exists; he must not be above 30 years of age as on 1st July of the year in which the recruitment is made; and must pass a Trade Test in the particular Trade in which the vacancy exists. However, Note appended to the Recruitment Regulations as regards Artisan Grade II provides that other things being equal, preference will be given to National Apprenticeship Certificate holders. From the above Recruitment prescriptions governing the post of Artisan Grade II, it cannot be said that the candidate for the post of Artisan Grade II should possess NAC as a must for the purpose of being considered. When this is the statutory premise governing appointment to the post of Artisan Grade II, quite surprisingly, the Personnel Officer, Guntur functioning in the office of the Regional Manager, Guntur Region, Guntur in his letter dated 22-3-1996 addressed to the Depot Manager, Tenali directed the latter to issue appointment orders to the petitioners and two others as Corporation Apprentices incorporating the above extracted four conditions. It is trite to state that condition No.4 mandates that a candidate for appointment to the post of Artisan Grade II should possess NAC as a condition precedent for being considered for
appointment by way of direct recruitment. The only contention raised in the counter-affidavit of the respondents to defend the impugned action is that the petitioners have not produced NACs., and, therefore, they are not entitled to be appointed to the post of Artisan Grade II. In other words, according to the respondents, possessing NAC is a must for being considered for appointment to the post of Artisan Grade II. As already pointed out supra, possessing NAC is not a must for being considered for appointment to the post of Artisan Grade II in terms of Statutory Regulations. However, the learned Standing Counsel for the APSRTC would contend that the Vice-Chairman and the Managing Director of the APSRTC has the power to issue subsidiary instructions or directions governing recruitment to various posts in the Corporation and, in fact, the above extracted four conditions are the conditions prescribed by the Vice-Chairman and the Managing Director of the Corporation in exercise of power granted to him. The learned Standing Counsel would, therefore, maintain that non-consideration of the petitioners for appointment to the post of Artisan Grade II is justified and legal.
6. I do not find any merit in the contention of the learned Standing Counsel for the APSRTC. Suffice it to state that the administrative instructions issued by the Vice-Chairman and the Managing Director of the APSRTC should be in conformity with the Statutory Regulations governing the post Artisan Grade II, and should not be contrary to the Statutory Regulations. Statutory Regulations governing the post of Artisan Grade II do not prescribe that a candidate for the post of Artisan Grade II must necessarily possess NAC whereas, the administrative instructions issued by the Vice-Chairman and the Managing Director of the APSRTC prescribe that the candidate for the post of Artisan Grade II should necessarily possess NAC. The
administrative instructions issued by the Vice-Chairman and the Managing Director of the APSRTC has the effect of amending the Statutory Regulations and such a course is totally impermissible in law.
7. During the pendency of the writ petition, this Court issued interim directions on 10-8-1999 directing the Regional Manager, APSRTC, Guntur Region, Guntur to consider the representations of the petitioners dated 2-4-1999, wherein the petitioners had sought for absorption of their services in the various trades falling under Artisan Grade II posts without insisting production of NACs., and as per the directions of the Court, the cases of the petitioners were considered by the Regional Manager and they were rejected by orders dated 1-9-1999.
8. In the result, and for the foregoing reasons, writ petition is allowed with no order as to costs and the proceedings of the Regional Manager, APSRTC, Guntur Region, Guntur dated 1-9-1999, rejecting the representations of the petitioners, are quashed. A direction shall issue to the Regional Manager, APSRTC, Guntur Region, Guntur to re-consider the cases of the petitioners for absorption in various Trades as Artisan Grade II without insisting production of NACs., as a condition precedent for consideration. This direction shall be carried out by the Regional Manager, APSRTC, Guntur Region, Guntur within a period of one month from the date of receipt of a copy of this order.
