BHEL Backward Classes Welfare Association vs The Union of India (UOI), Bharat Heavy Electricals Limited, Boiler Auxiliaries Plant and The District Employment Officer, (Technical-Personnel)

BHEL Backward Classes Welfare Association through its General Secretary has filed the above Public Interest Litigation seeking for the

issuance of writ of Mandamus to direct the third respondent to implement the 27% reservation for other Backward Communities while filling up the

vacancies for apprentices Training as furnished in the communications of the third respondent dated 10.08.1995 and 29.3.1996.

Heard learned Counsel for the petitioner as well as the third respondent.

In view of the information furnished in the counter affidavit filed by respondents-1 and 2 and also the separate counter affidavit filed on behalf of

the third respondent, it is unnecessary to refer to all the factual matrix as stated in the affidavit and the counter affidavit.

In the counter affidavit filed on behalf of respondents-1 and 2, it is specifically stated that the third respondent, viz, BHEL (Bharat Heavy

Electricals Limited), in accordance with the prevailing procedure, has requested the 4th respondent/Employment Exchange to sponsor candidates

in the ratio of 1 : 5. It is further stated that Section 3A of the Apprentices Act, 1961, provides for reservation in training places in the designated

trades for SC & ST only. It is also stated that as far as apprenticeship training is concerned, they are governed by Apprentices Act, 1961. The

said Apprentices Act does not provide for any reservation for the OBCs and, as stated earlier, as per Section 3A of the Act, only SCs & STs are

provided with reservation in designated trade.

In view of the position as seen from the provisions of the Apprentices Act, 1961, the grievance of the petitioner cannot be considered by this

Court. Accordingly, Writ Petitions fail and the same are dismissed. No costs. Connection Miscellaneous Petition is closed.