IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1592 of 2007 SHAILESH KUMAR ROY Versus THE STATE OF BIHAR & ORS ----------- 03/ 07.08.2008 Heard learned counsel for the petitioner and leaned counsel for the respondents. In this writ application petitioner has prayed for a direction for publication of his result and issue of certificate for Apprentice Examination held in May, 2006. The case of the petitioner is that petitioner appeared in the Apprentice Training Examination conducted under the Labour Employment and Training Department and cleared the same and thereafter he was allowed to take apprentice training as Boiler and allotted M.P. Udyog Limited at Manjhwalia in the district of West Champaran for two years and six months, which he attended from 17.10.2003 to 16.4.2006. He successfully completed the apprentice training and thereafter he was allowed by the respondents to appear in the examination held in May, 2006. Whereas the result of other candidates was published by the respondents but the result of the petitioner was not published and, therefore, he has approached this Court. - 2 - A counter affidavit has been filed by the respondents, wherein it has been stated that the petitioner was a student of I.T.I., Mirganj and he appeared in the examination in July, 1997 organised by the State Council Vocational Training, Bihar and cleared the same in the Fitter trade, whereafter he was registered in Boiler Attendant trade by Assistant Director, Muzaffarpur in 2004 and went for apprentice training and appeared in the examination. It is submitted that though the petitioner had cleared the examination in July, 1997 for Fitter trade but he got himself registered as Boiler Attendant trade, which was not permissible in law. In support of his contention learned counsel for the respondents has annexed a notification of the State Government to show that a candidate would get himself registered only in the trade in which he has cleared the examination and as the petitioner had cleared the examination in the Fitter trade, he could not be registered as Boiler Attendant trade and could not undergo training for apprentice and appear in the examination. In reply, learned counsel for the petitioner has referred to an entry made in - 3 - Schedule-I of the Apprenticeship Rules, 1992 under Group No.13 mentioned in the category of Power Plant Trade Groups. Item no.1 of this Group shows that for the designated Group Boiler Attendant, Fitter trade were also relevant for apprenticeship training. Learned counsel for the respondents submits that this rule is amended by Annexure-A. However, from Annexure-A it does not appear that the entry made in Schedule-I as mentioned above was deleted. Be that as it may, the fact remains that the petitioner was registered by the Assistant Director, Muzaffarpur in 2004 as Boiler Attendant trade and thereafter he was assigned to undergo training with M.P.Udyog Limited, Manjhwalia in the district of West Champaran, where he successfully completed the same and thereafter he was also allowed to appear in the said examination. It is not the contention of the respondents that the petitioner had played any fraud or misrepresentation in registering himself as Boiler Attendant trade by the Assistant Director, Muzaffarpur and his assignment for training and in allowing him to appear in the examination. - 4 - Therefore, without going into the rival contentions with regard to entitlement of the petitioner to get registered for Boiler Attendant trade, this application is being allowed solely on the ground that at this fag end of the career of the petitioner, the respondents cannot be allowed to dispute his registration in Boiler Attendant trade in 2004 as invalid. Therefor, respondents are stopped from going into the legality of the registration of the petitioner and are directed to publish the result of the examination held in May, 2006. Learned counsel for the petitioner has produced a photostat copy of the marksheet, from which it appears that the petitioner has passed the examination. In the circumstances, respondents are directed to issue necessary certificates etc. to the petitioner officially. In the result, this writ application is allowed. ( J. N. Singh, J. ) A.H.