IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1528 of 2004 (S/S) Manoj Kumar Pandey S/o Shri Khayali Ram Pandey R/o C/o Pandey Sweet House Gandhi Chowk, Sadar Bazar Ranikhet, District Almora. ….…Petitioner. Versus Uttaranchal Pey Jal Sansathan Vilas Avam Nirman Nigam, 11, Mohani Road Dehradun, through its Managing Director. .……….Respondent. Shri M.C. Pande, Advocate for the petitioner. Shri P.S. Uniyal, Advocate, holding brief of Shri D.S. Patni, counsel for the respondent. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the advertisement dated 02.11.2004, issued by respondent for recruitment of Junior Engineer (Mechanical). A mandamus has also been sought commanding the respondent not to hold the examination in pursuance to the advertisement and also that the petitioner be appointed on the post of Junior Engineer (Mechanical). 2 3. Brief facts of the case are that the petitioner is diploma holder in Mechanical Engineering from Government Polytechnic College. In the year 1989, he did apprentice training with the erstwhile U.P. Jal Nigam, Haldwani. Relying on the case of U.P. State Road Transport Corporation Vs. U.P. Parivahan Nigam Shishuks Berojgar Sangh, Judgment Today 1995 (2) Supreme Court Pg. 26, the petitioner has claimed that being a trained apprentice of Jal Nigam, he should be appointed as Junior Engineer (Mechanical) with the respondent department, and it is further pleaded that respondent cannot proceed with the recruitment process, undertaken by it through direct recruitment. 4. A counter affidavit has been filed on behalf of respondents in which it has been stated that the petitioner had appeared in the test for the selection process, taking benefit of Government Orders dated 03.01.1998 and 24.03.2000, issued in compliance of Supreme Court’s judgment, passed in U.P.S.R.T.C. Vs. U.P. Parivahan Nigam Shikshak Berojgar Sangh 1995 (2) Supreme Court Cases Pg. 1, but he could not succeed in the test. 3 5. Copies of the relevant Government Orders dated 03.01.1998 and 24.03.2000, are annexed as annexure C.A. 1 and annexure C.A. 2 to the counter affidavit. Perusal of these Government Orders makes it clear that in pursuance to the UPSRTC case (Supra), the Government had issued directions to all the Departments that preference would be given to the trained apprentices in the recruitment process. Perusal of the Government Order dated 24.03.2000, clearly shows that it is mandatory for the trained apprentices to appear in the test/examination and only if he performs equally with the non apprentice candidates, he would be given preference. In the counter affidavit, it has been stated that the petitioner could not succeed in the test. 6. Learned counsel for the petitioner submitted that para-13 of UPSRTC case (Supra) provides that the trainees would not be required to appear in the written examination. However, opening sentence of para-13 shows that it pertains to the petitioners before the Apex Court as expression “In so far as the cases in hand are concerned”, is mentioned before making further observations. Perusal of the aforesaid Government Order, further makes it clear that Allahabad High Court in Arun Kumar Singh Vs. State of U.P. and others, 1999 (2) ESC Pg. 1394, 4 directed that the directions mentioned in para- 12 of the judgment of the Apex Court in UPSRTC case (Supra), shall be applicable to all other Departments also. The direction, issued in para-12 does not contain any relaxation to the apprentices from appearing in the examination/test. Rather the judgment of the Allahabad High Court in Arun Kumar Singh case (Supra), shows that the apprentices are required to appear in the test, and it is only when they are found equal with the non apprentices, they are to be preferred in issuing appointment. 7. For the reasons, as discussed above, this Court does not find any force in the writ petition. Accordingly, the writ petition is dismissed. (Prafulla C. Pant, J.) Dt:20.11.2009 Sweta 5 6 7 8 9 10