Shri Bhagwan Verma vs Union Of India (Uoi) And Ors.
2001 Latest Caselaw 1844 Del

JUDGMENT

Khan, (J)

1. We have already held in CWP No. 124/2000 on the strength of the Supreme Court judgment in in Bhoodev Singh v. Chairman, U.P.S.E.Bd. and Ors. (Civil Appeal Nos. 1838-1853/2001) decided on 14.3.2001 that a trained apprentice was also required to undergo a written examination/viva voce/trade test/any other competitive test prescribed by recruitment rules/regulations/execute instructions and was entitled to considered for appointment on preferential basis only after he had secured equal merit with a non-apprentice candidate. This proposition squarely covers the present case also.

2. Petitioner in this case was also a trained apprentice and a candidate for the post of Telecom Mechanic for which respondents had invited applications and asked candidates to appear in a trade test. He instead of taking the test filed. OA No. 390/99 and claimed that respondents had first done away with this test in their execute instructions dated 14.5.1998 issued pursuant to Supreme Court judgment in UPSRTC v. U.P. Parivahan Limited, which they had later deleted by a subsequent communication dated 17.8.1998. He accordingly challenged this communication and claimed that he was not required to undergo trade test in terms of this Supreme Court judgment. Tribunal, after taking into consideration this judgment and the subsequent Full Bench judgment of the Allahabad High Court in Arvind Gautam v. State of U.P. (2) UPLBC 1397) held that he was required to undergo the trade test and that para 13 of the Supreme Court judgment did not advance his case and accordingly dismissed his OA. Hence this petition.

3. In view of the law laid down by Supreme Court in Bhoodev Singh's case and followed by us in connected CWP No. 124/2001, we affirm impugned Tribunal order and hold that petitioner had no option but to take the requisite test and that he could not be excepted from it. This petition resultantly fails and is dismissed.