“Application for recruitment without illegal due process”

Young apprentices in railway establishments, who appear for the written test with other candidates, have the preference of appointment over the others, subject to obtaining minimum marks of qualification, satisfaction and standards medical. According to the railways, it is not acceptable to demand the appointment of young apprentices in the railways without facing the recruitment process. This request violates the constitutional provisions and the Supreme Court’s decision on public employment.

Indian Railways has been providing training to applicants in specified trades under the Apprentices Act since August 1963. Such applicants are taken as apprentices on the basis of academic merit without any competition or selection. However, the Railways were required to only train candidates who have completed their training, they have been appointed replacements for Tier 1 positions since 2004.

Alternate appointees are individuals appointed on a temporary basis, who can be engaged to meet any operational requirements and requirements. Although these appointments enjoy benefits as temporary railway staff, they are not entitled to permanent employment without going through the regular appointment procedure.

Considering the ongoing metamorphosis of Indian Railways and with the aim of bringing fairness, transparency and fairness in all railway recruitments, the railways in 2017 centralized the process of all Tier 1 recruitments which will now be a nationwide common computer test (CBT). .

The Apprentices Act was amended in 2014, under which Article 22 of the Act provided that an employer must formulate a policy for the recruitment of apprentices trained in his establishment. Pursuant to this amendment, Indian Railways has planned to give priority to level 1 positions for trainees trained in railway establishments on a voluntary basis up to 20% of the positions advertised.

However, when these young apprentices appear for the written tests with other candidates, they are given preference in appointment over others, subject to obtaining minimum qualifying marks, meeting medical standards.

Thus, out of 63,202 positions in the CEN 02/2018 press release, 12,504 level 1 positions were reserved for these candidates during the first general recruitment organized in 2018. Similarly, out of 103,769 positions, 20,734 level 1 positions were reserved for these apprentices. under CEN RRC 01/2019. There is recruitment for this notification.

Now these young apprentice apprentices seek appointment in the railways without the prescribed recruitment process, i.e. the written test and the physical efficiency test, which all other candidates are required to undergo in accordance to the rules in force. This claim is not legally defensible as it is contrary to the constitutional provisions and the Supreme Court ruling on public employment in which no employment can be provided except through a fair selection process.