UNION OF INDIA Vs. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE second respondent, i.e., the applicant before the Tribunal, had undergone apprenticeship training under the provisions of the Apprentices Act, 1961, after having passed 10th standard examination, for a period of four years in the trade of Mechanic Machine Tool Maintenance and passed the trade test conducted by the National Council Vocational Training, Government of India. The petitioner issued a notification on 21.3.2009, inviting applications for appointment on various posts, including the post in question, i.e. Technician Gr.III / Diesel Mechanic / Millwright Fitter. The required qualification for the same as prescribed in the notification was Course completed Act Apprentices / ITI in the Trade of Fitter / Millwright Maintenance Mechanic / Mechanic Motor Vehicle / Tractor Mechanic / Mechanic Diesel / Heat Engine.

(2.) THE second respondent made an application stating his qualification as Act Apprentice / ITI  Fitter . On the basis of which, the second respondent was permitted to write the written examination held on 30.01.2011 and also was called for verification of original certificates in the office of the Railway Recruitment Board on 18.10.2011. The second respondent attended the office for verification of original certificate. On enquiry, it was found that the petitioner had obtained National Apprenticeship Certificate in the trade of Mechanic Machine Tool Maintenance as evident from the certificate found at page 5 of the typed set. Accordingly, he could not be selected as the said trade was not the required qualification under the notification for the post for which he had made an application. The second respondent made a representation on 23.12.2011 for inclusion of his name in the select list. He was informed that he did not possess required qualification as notified. A clarification was obtained from the third respondent vide letter dated 6.3.2012, clarifying that as per the trades designated under Apprentices Act, 1961, the trade of Mechanic Machine Tool Maintenance is covered under Group No.6, i.e. Maintenance Trade Group. The petitioner did not agree with the clarification given by the third respondent and as such, the representation was rejected.

(3.) BEING aggrieved, the second respondent preferred the original application before the Central Administrative Tribunal, seeking a direction to the first respondent to include his name in the list of selected candidates for the post of Technician Grade -III/Diesel Mechanic/Millwright Fitter published by the respondent based on the Notification No.JEN.No.01/2009 dated 21.3.2009.