AMIT KUMAR Vs. CHANDIGARH ADMINISTRATION EDUCATION DEPTT

JUDGEMENT

(1.) The petitioners have sought issuance of writ of mandamus directing the respondents to give apprenticeship to the petitioners for training for the jobs under the Life Insurance Corporation on the ground that they were selected to undergo this course and have successfully completed the same.

(2.) The case set up by the petitioners is that pursuance to advertisement which appeared in the Daily Tribune dated 15.7.1989 announcing a scheme for admission to two years Vocational Course (job linked and job and self- employment oriented) at 10 + 2 stage in the Government Secondary Schools mentioned therein. The petitioners who possessed the requisite qualification applied for admission to one of the courses-Life Insurance Course-and passed successfully. Since the course was job- oriented, the petitioners underwent vocational training at various branches of the Life Insurance Corporation of India. Having thus completed this course, the petitioners contacted the respondents to be appointed as apprenticeship/job who somehow had been putting off the matter of the one or the other pretext However, one of the persons who too completed the course successfully was offered appointment by the Life Insurance Corporation of India vide its letter dated 1.6.1992 Annexure P-6. It Is on this ground that fresh representations were made by the petitioners to the respondents calling upon them to give suitable appointment to the petitioners but their request was declined on the ground that the petitioners did not possess the specific grading and their cases cannot be considered under the non-test category. The petitioners is essence have challenged this action of the respondents terming this to be wholly attributary, unfair, unjust and against the principles of promissory estoppel.

(3.) Pursuance to the notice of motion issued by the Court, respondent No. 3, the contesting respondent has put in appearance and filed written statement. The respondent has raised the preliminary objection as well to the maintainability of the present petition, namely, that the Central Board of Secondary Education in collaboration with Life Insurance Corporation of India introduced vocational course in Life Insurance at 10+2 level in selected schools all over the country from academic year 1989-90. This scheme was envisaged on a pilot basis in pursuance of the National Policy of Education. As per scheme, candidates passing 10+2 in Life Insurance with grade B2 and above or 50% marks were to be considered for selection as Apprentice Assistants subject to their qualifying in interview and medical examination, i.e. such persons were exempt from pre-recruitment test. In all other cases, namely, persons with Grade CI and C2 were to complete in pre-recruitment test. The case of the petitioners was examined by the respondents. All the petitioners failed to obtain Grade B2 or 50% marks and so were not considered for selection as Apprentice Assistants without the pre-recruitment test. This way the petition is liable to be dismissed on this ground. On merits, it was contended that the respondent did not hold any promise to the petitioners as is clear from the insertion in the Daily Tribune of July 15,1989 - Annexure P-1. Recruitment Rules of the Corporation envisage written test and the successful candidates are called for interview and it is only thereafter that persons are selected for the post of Assistant. Controverting the averments of the petitioners with respect to their academic merit, the respondent averred that petitioners No. 1 and 2 were placed under compartment in the examination held in April, 1991, who cleared the compartment paper in the subsequent examination. It was further stated that though the petitioners had passed 10 + 2 examination but they failed to secure the requisite minimum grade/marks and as such were ineligible for being considered for selection as Apprentice Assistants without pre-recruitment test.