ARUN KUMAR Vs. MUKESH KULSRESHTHA

JUDGEMENT

(1.) The principal question involved is whether a trained apprentice was to be appointed to the post on preferential basis bypassing any written examination/interview and in the present case, a trade test prescribed under recruitment rules/regulations/executive instructions.

(2.) Respondents are trained apprentices and claimants to the post of Telecom Mechanic. They want to have appointment without being subjected to trade test and for this filed OA's 378 and 381/97 and based their case on the Supreme Court judgement in UPSRTC Vs. U.P.Parivahan Limited, AIR 1995 SC 1115). Petitioners contested this and

(3.) Tribunal disposed of respondents' OAs by order dated 13.10.97 requiring petitioners to consider them on preferential basis in terms of Supreme Court judgement Supra. It seems that petitioners thereafter dithered and respondents filed first set of contempt petitions which was disposed of by order dated 23.7.1998 requiring them to consider respondents against available 34 vacancies if otherwise found eligible. They then filed second set of contempt petitions (No.350, 351 and 352/1998) alleging non- consideration and these were disposed of by impugned order dated 13.8.1999 directing petitioners to consider them for appointment to the post without requiring them to undergo the trade test.