Apprenticeship Certificate can only be issued by the concerned regional board and none else: The High Court of Jammu & Kashmir and Ladakh

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2264 2021 CM No. 8043 2021 Cav No. 1681 2021 Through: Mrs. Surinder Kour Sr. Advocate with Mr. Sunil Kumar Advocate Ajay Kumar UT of J&K and others …. Respondent(s) Through: Mr. Ejaz Lone Dy. AG Mr. Rahul Pant Sr. Advocate with Mr. Anirudh Sharma Advocate Coram: HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA JUDGE The petitioner challenges the judgement and order dated 20.07.2021 passed by the Central Administrative TribunalJammu whereby the selection and appointment of the petitioner to the post of Assistant Operator Divisional Cadre Jammu has been quashed. Briefly stated the material facts are as under: The petitioner came to be selected as an Assistant Operator which selection came to be challenged by respondent No. 4 herein. The 2 WP(C) No. 2264 2021 ground of challenge was that the petitioner herein did not satisfy the eligibility conditions prescribed by the advertisement notice. As per the advertisement notice the eligibility condition prescribed was “Matric with certificate of apprenticeship in the Trade from a press of repute.” Instead of a certificate of apprenticeship the petitioner had produced an experience certificate which reads as under: “Experience Certificate It is certified that Mr. Ajay Kumar S o Sh. Duni Chand R o Dungara Teh Billawar Distt. Kathua is working in our organization for the last three years as a Machine Operatorw.e.f. 2008 to June 2011. He is very Expert in Running the Printing Machine. His work and conduct remain satisfactory during the period he worked in our organization.” The Tribunal allowed the petition challenging the selection of the petitioner herein on the ground that the certificate produced by the petitioner was just an experience certificate and not an apprenticeship certificate which is given by an authority under the Apprentices Act 1961 and not by private individuals. A bare perusal of the advertisement notice prescribing the eligibility conditions would make it clear that in fact what was required was not an experience certificate but an apprentice’s certificate. The method of issuance of certificates of apprenticeship is regulated as per the Apprentices Act 1961 and in particular Section 21 which envisages grant of a certificate only after the completion of the period of training as an 3 WP(C) No. 2264 2021 apprentice and after appearance in a test to be conducted by the national council or any such agency authorized by the Central Government to determine the proficiency in the designated trade in which the apprentice has undergone apprenticeship training. The certificate can only be issued by the concerned regional board and none else. Having considered the matter in detail we cannot persuade ourselves to take a view different from the one expressed by the Central Administrative Tribunal Jammu. Be that as it may this petition is found to be without any merit and is accordingly dismissed along with connected application. Puneet Gupta) Dhiraj Singh Thakur) Judge Jammu Whether the order is speaking : Yes No Whether the order is reportable : Yes No MUNEESH SHARMA2021.11.08 16:48I attest to the accuracy andintegrity of this document 

Summary: The method of issuance of certificates of apprenticeship is regulated as per the Apprentices Act, 1961 and in particular Section 21, which envisages grant of a certificate only after the completion of the period of training as an apprentice and after appearance in a test to be conducted by the national council or any such agency authorized by the Central Government, to determine the proficiency in the designated trade, in which the apprentice has undergone apprenticeship training. The aforesaid has been established by the High Court of Jammu &amp; Kashmir and Ladakh while adjudicating the case of Ajay Kumar v. UT of J&amp;K and others [WP(C) No. 2264/2021] which was decided upon by a two judge bench comprising Justice Dhiraj Singh and Justice Puneet Gupta on 8th November 2021. The facts of the case are as follows. The petitioner came to be selected as an Assistant Operator, which selection came to be challenged by respondent. The ground of challenge was that the petitioner herein did not satisfy the eligibility conditions prescribed by the advertisement notice. As per the advertisement notice, the eligibility condition prescribed was “Matric with certificate of apprenticeship in the Trade from a press of repute.” Instead of a certificate of apprenticeship, the petitioner had produced an experience certificate. The Tribunal allowed the petition, challenging the selection of the petitioner herein on the ground that the certificate produced by the petitioner was just an experience certificate and not an apprenticeship certificate, which is given by an authority under the Apprentices Act, 1961 and not by private individuals. The petitioner challenges the judgement and order passed by the Central Administrative Tribunal (CAT), Jammu, whereby the selection and appointment of the petitioner to the post of Assistant Operator, Divisional Cadre Jammu has been quashed. The court perused the facts and arguments presented. It was of the opinion that “A bare perusal of the advertisement notice prescribing the eligibility conditions would make it clear that in fact what was required was not an experience certificate but an apprentice’s certificate. The method of issuance of certificates of apprenticeship is regulated as per the Apprentices Act, 1961 and in particular Section 21, which envisages grant of a certificate only after the completion of the period of training as an apprentice and after appearance in a test to be conducted by the national council or any such agency authorized by the Central Government, to determine the proficiency in the designated trade, in which the apprentice has undergone apprenticeship training. The certificate can only be issued by the concerned regional board and none else.  Having considered the matter in detail, we cannot persuade ourselves to take a view different from the one expressed by the Central Administrative Tribunal, Jammu.”