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Kerala High Court

Nihara K M vs Union Of India on 5 February, 2026

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2026:KER:10154

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 5TH DAY OF FEBRUARY 2026 / 16TH MAGHA, 1947

                 WP(C) NO. 3920 OF 2026

PETITIONER:

         NIHARA K M
         AGED 20 YEARS
         D/O RAJEEV K M
         KONADERAMPATTU, MALAYAMPARAMBATH (H),
         CHETTIPPADI P.O, MALAPPURAM, KERALA,
         PIN - 676319

         BY ADVS.
         SMT.RESHMI VIJU
         SRI.K.SUJAI SATHIAN


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED BY THE SECRETARY,
         MINISTRY OF EDUCATION,
         DEPARTMENT OF HIGHER EDUCATION,
         122-C, SHASTRI BHAWAN, NEW DELHI, PIN - 110001

    2    SECRETARY TO THE GOVERNMENT OF INDIA
         MINISTRY OF SKILL DEVELOPMENT AND
         ENTREPRENEURSHIP, SHRAM SHAKTI BHAWAN,
         RAFI MARG, NEW DELHI, PIN - 110001

    3    DIRECTOR OF TRAINING AND REGIONAL CENTRAL
         APPRENTICESHIP ADVISOR
         BOARD OF APPRENTICESHIP TRAINING
         (SOUTHERN REGION),DEPARTMENT OF HIGHER
         EDUCATION, GOVERNMENT OF INDIA, CIT CAMPUS,
         THARAMANI, CHENNAI, TAMIL NADU, PIN - 600113
                                            2026:KER:10154
WP(C) No.3920 of 2026
                           2

    4    THE CHIEF EXECUTIVE OFFICER
         AGENCY FOR NEW AND RENEWABLE ENERGY RESEARCH
         AND TECHNOLOGY (ANERT), LAW COLLEGE ROAD, PMG,
         THIRUVANANTHAPURAM, KERALA, PIN - 695033

    5    DIRECTOR
         VIKRAM SARABHAI SPACE CENTRE (VSSC), ISRO P.O,
         THIRUVANANTHAPURAM, KERALA, PIN - 695022


         BY ADVS.
         SMT.O.M. SHALINA, DSGI
         SRI.T.R. HARIKUMAR, STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 05.02.2026, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                       2026:KER:10154
WP(C) No.3920 of 2026
                                 3


                            JUDGMENT

Dated this the 5th day of February, 2026 The petitioner, who has been working as an Apprentice under the 4th respondent, has filed this writ petition seeking the following reliefs:

1) Issue a writ of certiorari or any other appropriate writ, order, or direction declaring the latter part of Clause 4(vi) of ANERT's apprenticeship contract, Ext.P4, viz., "In such event, the apprentice shall not be entitled to enter into another contract of Apprenticeship under the Act with any other employer", as void, unenforceable, unreasonable and violative of Articles 14, 19(1)(g) and 21.
2) Issue a writ of mandamus directing the 4 th respondent, to forthwith issue No Objection Certificate (NOC) to the petitioner enabling her to join VSSC.
3) Issue a Writ of Mandamus directing respondent Nos.1, 2, 3 and the NATS portal authorities (Board of Apprenticeship Training -

Southern Region) to process, approve and generate the petitioner's contract profile on the NATS portal for the VSSC Technician Apprentice position, treating the ongoing ANERT apprenticeship as no legal bar thereto.

4) Issue a Writ of Mandamus permitting and directing the 5th respondent (VSSC) to induct and permit the petitioner to join as Technician Apprentice (Electronics Engineering) pursuant to 2026:KER:10154 WP(C) No.3920 of 2026 4 offer No.VSSC/RMT/9.2/TA/2025-26 dated 20.01.2026, treating the postscript therein as abeyant, declaring the remaining agreement valid and operative.

2. In the writ petition, the petitioner submitted that in spite of her request submitted on 21.01.2026 to relieve her from Agency for New and Renewable Energy Research and Technology (ANERT) in order to join the Vikram Sarabhai Space Centre (VSSC) as Apprentice, no orders have been issued.

3. Today, Standing Counsel representing the 4th respondent made available a copy of the letter submitted by the petitioner stating that she should be permitted to continue as Apprentice in ANERT itself and on the basis of the request made by the petitioner, the District Engineer, ANERT, Malappuram has sent a communication to the Chief Executive Officer, ANERT pointing out the above request, as per letter dated 29.01.2026.

2026:KER:10154 WP(C) No.3920 of 2026 5 In view of the said letter, I do not deem it necessary to adjudicate the writ petition. The writ petition is disposed of recording the said submission.

Sd/-

N.NAGARESH JUDGE spk 2026:KER:10154 WP(C) No.3920 of 2026 6 APPENDIX OF WP(C) NO. 3920 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY CHIEF EXECUTIVE OFFICER OF ANERT BEARING AO NO. 128/2025 DATED 02.07.2025, APPOINTING THE PETITIONER AS DIPLOMA APPRENTICE TRAINEE Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY COMPETENT AUTHORITY AT VSSC OFFERED APPOINTMENT TO THE PETITIONER AS TECHNICIAN APPRENTICE (ELECTRONICS ENGINEERING) ORDER NO.VSSC/RMT/9.2/ TA/2025-26 DATED 20.01.2026 Exhibit P3 TRUE COPY OF FORMAL REPRESENTATION/REQUEST LETTER DATED 21.01.2026 TO THE 4TH RESPONDENT, SEEKING RELINQUISHMENT/TERMINATION OF HER APPRENTICESHIP CONTRACT WITH ANERT'S MALAPPURAM DISTRICT OFFICE Exhibit P4 TRUE COPY OF RELEVANT PAGES OF STANDARD PROFORMA PERTAINING TO THE TERMS AND CONDITION OF THE CONTRACT OF APPRENTICESHIP ISSUED BY 4TH RESPONDENT DATED NIL