DHARAM PAL Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) As the issue involved is common, with the consent of contesting parties, all the captioned Petitions are taken up together. For the sake of brevity and convenience, facts are borrowed from C.W.P. No.17600 of 2018.

(2.) The Petitioners through Instant Petition under Articles 226/227 of the Constitution of India are seeking directions to the Respondents to consider case of the Petitioners for the appointment on regular posts in terms of Judgment of Hon'ble Supreme Court in U.P. State Load Transport Corporation v. U.P. Parivahan Nigam Shishukhs Berozgar Sang and others, AIR 1995 SC 1115.

(3.) The Petitioners joined Respondent-National Fertilizers Limited as apprentice in terms of Apprenticeship Act 1961 (for short '1961 Act'). The Petitioners from 1999 to 2001 underwent three years training. It was an intensive training. The Respondent-organization on completion of training did not appoint the Petitioners in any Sec. of the Respondent. The Respondent-Organization vide Advertisement, dtd. 18/5/2018 (Annexure P3) invited applications for the post of Junior Engineering Assistant Grade 11 for its different manufacturing units. In the advertisement, minimum eligibility criteria was prescribed. As per the prescribed criteria, an Applicant was required to have either Degree of B.Sc. or regular three years diploma in Engineering. The Petitioners are neither holding Degree of B.Sc. nor three years diploma in Engineering. On account of lack of minimum prescribed qualification, the Petitioners could not apply for the advertised post.