Rajasthan High Court - Jaipur
Raj Industrial Trainng Centre vs Directorate General Of Emp Ors on 24 November, 2011
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER Rajasthan Industrial Training Center Vs. Director General of Employment & Training (DGET) & Others (S.B. Civil Writ Petition No.5400/2010) Writ Petition under Article 226 of the Constitution of India. Date of Order: November 24, 2011. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Mr. Rahul Kamwar, for the petitioner. Mr. Kunal Rawat, for respondent NCVT. BY THE COURT:
Heard learned counsel for the parties, and perused the material available on record of the writ petition.
This petition has been filed seeking direction to respondent NCVT to affiliate the petitioner institute for two additional units in the trade of electrician with effect from Session February-2010, instead of Session August-2010, which has already been granted.
The case of the petitioner institute is that it was duly affiliated with the National Council for Vocational Training (`NCVT' for short) on 16-1-2009, inter alia for the electrician trade. It made another application for affiliation of two additional units with 42 seats in the electrician trade. The application of the petitioner for the purpose as required was processed by State Government and forwarded to NCVT on 8-10-2009.
Counsel submits that the NCVT has issued guidelines setting up a calendar for grant of affiliation with reference to date of receipt of application. Counsel submits that in terms of aforesaid guidelines, the application of the petitioner institute for grant of affiliation having been received before 31 December, the institute should have been granted affiliation for the session beginning February of following year, i.e. February,2010. It is submitted that the application of the petitioner even though duly forwarded by the State Government to NCVT on 8-10-2009 for grant of two additional units for the session commencing from February, 2010, the NCVT granted affiliation from August,2010, instead of February, 2010.
Mr. Kunal Rawat, the learned counsel for the NCVT is not in a position to controvert the fact that application of the petitioner institute was received from State Government on 8-10-2009. Counsel submits that due to extra load of work the application of the petitioner institute could not be considered in the two meetings held on 27-11-2009, and 29-12-2009, as was required under NCVT's guidelines/ instructions where under applications received before 31st December were to entail affiliation beginning 1st February of the following year. It is submitted that in these circumstances, the petitioner's application was considered only in the year 2010, consequent to which the affiliation was recognized effective 1st August,2010.
Counsel however is not in a position to detail the load of work, which entailed non-consideration of petitioner's application received on 8-10-2009 in NCVT's meetings held on 27-11-2009, and 29-12-2009.
Having heard learned counsel for the parties and perused the material available on record of the petition, I am of the view that the explanation by the NCVT for the non-consideration of petitioner's application received on 8-10-2009 for affiliation of two additional units of electrician trade before December,2009 is unsatisfactory and hence unsustainable. No details of the alleged over-load of work have been set out in plea or otherwise by way of additional affidavit. The non-consideration of the petitioner institute's affiliation by NCVT in its meeting held on 27-11-2009 and 29-12-2009 for granting affiliation effective Feb., 2010 is wholly arbitrary.
Counsel for the NCVT has admitted that in terms of the guidelines of NCVT the application of the petitioner institute having been received by the NCVT on 8-10-2009, it was entitled to be considered for affiliation at the meetings held on 29-11-2009, and 29-12-2009. In this view admitted fact the error/ oversight/ arbitrariness of NCVT's inaction cannot be allowed as a defence in defence to the rule of logic that no person/ body can be allowed to make its own inaction/ error its defence.
Consequently, the prayer made in writ petition deserves to be allowed. It is directed that the petitioner institute be treated to be affiliated for the two additional units in electrician trade with effect from February, 2010, instead of session August,2010 as communicated to petitioner vide order dated 30-3-2010. Consequently, 42 students in the two additional units of petitioner institute who are studying beginning February,2010 shall be granted required National Trade Certificate on their successful completion of training in the electrician trade as per the prescribed standards.
The writ petition stands allowed accordingly. Stay application stands disposed of.
(Alok Sharma),J.
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