AKHIL ANTONY Vs. FERTILIZERS AND CHEMICALS TRANVANCORE LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioners in both these cases have undergone apprenticeship training under the Fertilizers and Chemicals Travancore Ltd (FACT)-the 1st respondent. They seek preference over the direct recruits, while challenging the notification for recruitment to the post of Technician (Process) and Technician (Instrumentation). In W.P.(C) No.14243 of 2018 they are challenging the notification on the ground that Degree in Physics is not included as a qualification, while claiming preference over direct recruits.

(2.) The petitioners in W.P.(C) No.14019/2018 are challenging Ext.P6 notification inviting applications for appointment to the post of Technician (Process). Petitioners therein are graduates in Chemistry and they have undergone apprenticeship in the training centre of the FACT in 2015-16 and passed the National Apprenticeship Examination in Attendant Operator in Chemical Plant(AOCP) in 2017. The first respondent issued Ext.P6 notification on 11.04.2018, inviting applications from eligible candidates for appointment as Technicians in Process, Mechanical, Electrical and Instrumentation. The essential qualification prescribed for appointment of Technician (Process) is : "Degree in Chemistry or Diploma in Chemical Engineering/Chemical Technology(including Petrochemical Technology). Diploma holders will be given preference over those with Degree in Chemistry/Industrial Chemistry. Essential experience prescribed as on 01.04.2018: "Minimum two years post qualification experience in the operation of a large Fertilizer/Chemical/Petrochemical Plant". Clause 1.2 of the notification deals with experience. Clause 1.1 provides that one year Technician Apprenticeship Training (for those with diploma) in FACT or from other large Fertilizer/Chemical/Petrochemical plant will be considered as experience on production of certificate of proficiency (COP) along with application. Clause 1.2 provides that the period of apprenticeship under Attendant Operator Chemical Plant (for those with Degree in Chemistry/Industrial Chemistry) would be treated as experience to the extent of apprenticeship training period on furnishing NAC (National Apprenticeship Certificate) along with application. It was notified that the selection would be based on online test which consists of 2 parts.

(3.) Being graduates who have undergone apprenticeship under FACT for one year petitioners submit that they are eligible for NAC and are fully qualified for appointment as Technician (Process). They claim that they are entitled to preference over direct recruits in the light of the judgment of the Apex Court in UPSRT Corporation v. UP Parivahan NSB Sangh, (1995) AIR SC 1115 and Ext.P3 circular issued by the Director General of Employment and Training, on 15.01996, issued in implementation of the direction in that judgment. According to them the notification Ext.P6 is issued in violation of the judgment of the apex court as well as the Ext.P3 circular and that in view of the judgment and by virtue of Ext.P3 circular, they claim appointment/absorption as Technicians, without undergoing any process of selection, against the existing vacancies.