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2003 DIGILAW 466 (MAD)

K. Vijayaboopathy v. The Regional Central Apprenticeship Adviser and Director of Training & Others

2003-03-19

D.MURUGESAN

body2003
Judgment :- The petitioner prays this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent relating to the order dated 17.11.2000 in proceedings Na.Ka.No.7929/E2/2000 signed on 24.11.2000 and quash the same. 2. The petitioner, after completing XII Standard successfully underwent the Training Course in the Government Industrial Training Institute, Dharapuram and passed the prescribed trade test in Mechanic (Tractor) during July 1994, and he was issued with Trade Certificate to this effect. On the strength of the said certificate, he also enrolled in the Employment Exchange clearly indicating that he has passed the prescribed trade test only in Mechanic (Tractor). When the petitioner applied for Apprenticeship training to the 4th respondent, he was admitted for two years engagement of ITI Apprenticeship Training (Diesel Mechanic) in the Regional Workshop (Health), Salem. The said admission secured by the petitioner was not, admittedly, by any misrepresentation. The petitioner after having successfully completed the apprenticeship training applied to the 2nd respondent for permission to appear the 72 batch All India Technical Examination. The said request was not responded and hence the petitioner was constrained to approach this Court in writ petition No.17897/2000 and this Court by order dated 23.10.2000 directed the 2nd respondent herein to dispose of the said representation. 3. The 3rd respondent, the Director, Tamil Nadu Health Transport Department, Guindy recommended the case of the petitioner for permission to appear for All India Technical Examination. The said recommendation was considered, but rejected by the impugned Order dated 17.11.2000 on the ground that the petitioner having secured a Trade Certificate in Mechanic (Tractor) ought not to have underwent Apprenticeship Training in Mechanic (Diesel). Such training is contrary to Section 3 of the Apprentices Act,1961. Hence the petitioner is not eligible for being admitted to All India Trade Test. 4. I have heard the learned counsel for the petitioner and the learned Government Advocate. 5. It is not the case of the respondent that the petitioner has secured admission to the Apprenticeship Training in Mechanic (Diesel) by false representation. Of course, as per Sec.3 of The Apprentices Act, 1961(hereinafter referred to "The Act") which relates to qualifications for being engaged as an apprentice, the Apprenticeship training shall be in the designated trade. The word "designated trade" shall be referable to the trade certificate obtained by the petitioner in Mechanic (Tractor). 6. Of course, as per Sec.3 of The Apprentices Act, 1961(hereinafter referred to "The Act") which relates to qualifications for being engaged as an apprentice, the Apprenticeship training shall be in the designated trade. The word "designated trade" shall be referable to the trade certificate obtained by the petitioner in Mechanic (Tractor). 6. The question now to be considered is whether the petitioner is entitled to write All India Trade Test in Mechanic (Diesel) in the absence of a certificate in the said trade and whether there was any suppression on the part of the petitioner in securing the admission to Apprenticeship Trainee as Mechanic (Diesel), though the petitioner was issued with a Trade Certificate for Mechanic (Tractor). 7. Section 3 of the Act reads thus: 3. Qualifications for being engaged as an apprentice:- A person shall not be qualified for being engaged as an Apprentice to undergo apprenticeship training in any designated trade, unless he.. (a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades (and for different categories of apprentices). Rule 3 of The Apprenticeship Rules, 1991 reads thus: 3. Standard of Education (1) A person shall be eligible for being engaged as a trade apprentice if he satisfies the minimum educational qualifications as specified in Schedule I. Passed the 8th class examination or its equivalent Desirable: Passed 10th class under the 10+2 system with Science as one of the subjects or its equivalent A combine reading of the above Section, Rule and Schedule would indicate that for the purpose of Apprenticeship in a designated Trade, a candidate must have obtained a Certificate in that trade. Only after completing such apprenticeship training, the candidate is eligible to writ All India Trade Test in that subject. For the purpose of a candidate qualified in Mechanic (Tractor), he ought to have undergone the Apprenticeship training in Mechanic (Tractor) with a pass in VIII Standard. A candidate who has undergone Apprenticeship training in Mechanic (Diesel) is eligible to write the All India Trade Test in Mechanic (Diesel) only when such candidate has the Trade Certificate in Mechanic (Diesel). Admittedly, the petitioner, though possesses a Trade Certificate in Mechanic (Tractor), has not undergone Apprenticeship Training in Mechanic (Tractor). A candidate who has undergone Apprenticeship training in Mechanic (Diesel) is eligible to write the All India Trade Test in Mechanic (Diesel) only when such candidate has the Trade Certificate in Mechanic (Diesel). Admittedly, the petitioner, though possesses a Trade Certificate in Mechanic (Tractor), has not undergone Apprenticeship Training in Mechanic (Tractor). Hence he is not entitled to sit for All India Trade Test in Mechanic (Tractor). 8. However, the question to be considered in this writ petition is as to whether the admission of the petitioner to Apprenticeship Training in Mechanic (Diesel) is by misrepresentation or due to his fault. After the completion of the course in Mechanic (Tractor), he registered himself in Employment Exchange only as a Mechanic (Tractor). He also applied to the 3rd respondent for admission to Apprenticeship training only for (Mechanic Tractor). Going by the Rule, having secured a Trade Certificate in Mechanic (Tractor), the petitioner is not entitled to writ All India Trade Examinations in Mechanic (Tractor) in the absence of an apprenticeship training in the designated trade. However, the petitioner has landed in trouble not due to his fault, but by the 3rd respondent, who is also an Officer of the State in allowing the petitioner to undergo apprenticeship training in Mechanic (Diesel) though it was the wish of the petitioner to undergo the training only in Mechanic (Tractor). Having allowed the petitioner to undergo two years training in Mechanic (Diesel), it would not be proper for the second respondent now to refuse to permit the petitioner to write All India Trade Test in Mechanic (Diesel). If such plea is allowed, by virtue of Sec.3 of the Act, the petitioner may not be in a position even to write All India Trade Test in Mechanic (Tractor) and on both counts, the petitioner is disabled from appearing from All India Trade Test. 9. Hence considering the facts of this case and also considering the fact that the petitioner was permitted to undergo apprenticeship training in Mechanic (Diesel), for no fault of his, as a special case, the petitioner has to be permitted to appear All India Trade Test in Mechanic (Diesel). 10. Accordingly, the impugned order is set aside and the 2nd respondent is directed to permit the petitioner to appear for the next ensuing All India Trade Test. 10. Accordingly, the impugned order is set aside and the 2nd respondent is directed to permit the petitioner to appear for the next ensuing All India Trade Test. This direction can not be quoted as a precedent as the petitioner has been permitted to write the examination on the peculiar facts and circumstances of this case. 12. In fine, the writ petition is allowed.