Delhi High Court - Orders
Pandit Brahmdev Private Iti vs Directorate General Of Training & Anr on 8 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~3 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12961/2021 with CM APPL. 42653/2021(directions)
PANDIT BRAHMDEV PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat, Advocate.
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondents
Through: Mr. Avnish Singh, Advocate for
DGT along with Mr. R. Murugan
Rajan, Deputy Director for DGT.
Mr. Abhinav Mukerji, Ms. Bihu
Sharma, Advocates for R-2 along
with Mr. Suman Kumar, Assistant
Director of R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 08.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. Despite the orders dated 25.11.2021 and 30.11.2021, the data of the 88 trainees claimed by the petitioner has not been uploaded by the respondents on the NCVT-MIS portal so as to enable them to take the examinations commencing from 13.12.2021. Mr. R. Murugan Rajan, Deputy Director of the respondent No. 1-Directorate General of Training ["DGT"] and Mr. Suman Kumar, Assistant Director of the respondent Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.12.2021 22:20:54 W.P.(C) 12961/2021 Page 1 of 5 No. 2-Directorate of Employment and Training, Bihar ["State Directorate"], are present in Court with the records.
2. The contention of Mr. Avnish Singh, learned counsel for the DGT, and Ms. Bihu Sharma, learned counsel for the State Directorate, is that the data uploaded by the petitioner on the NIMI portal and the data submitted to the State Directorate were discrepant, and the petitioner's trainees were, therefore, not verified. Certain documents have also been handed over to the Court in an attempt to demonstrate that the data of the 88 trainees in question was not submitted by the petitioner to the State Directorate. In fact, Ms. Sharma submits that data regarding only nine candidates of the petitioner was submitted to the State Directorate, which too was incorrect. She has also produced a list of 34 trainees apparently submitted by the petitioner but signed by some other institution. These issues will have to be considered after filing of affidavits.
3. What remains undisputed is that the State Directorate, by a communication dated 25.06.2021, requested the DGT to permit industrial training institutes ["ITIs"] in the State of Bihar to directly upload the data on the NCVT-MIS portal. By a communication dated 23.07.2021, the DGT agreed that the ITIs can upload the data on the NIMI portal by 31.07.2021, but the migration of the data to the NCVT-MIS portal was to be done by the State Directorate after verification. The petitioner uploaded the data of 88 trainees on the NIMI portal [a printout whereof is annexed to the petition as Annexure P-9]. Mr. Sanjay Sharawat, learned counsel for the petitioner, points out that it contains the registration number of each candidate which is generated only by the NIMI portal.
4. As the data had not been migrated to the NCVT-MIS portal, the Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.12.2021 22:20:54 W.P.(C) 12961/2021 Page 2 of 5 petitioner was compelled to file this writ petition. On 25.11.2021, learned counsel for the State Directorate was directed to take instructions, and by a further order dated 30.11.2021, the following directions were passed:
"1. Further to the order dated 25.11.2021 in W.P.(C) 12961/2021, Mr. Avnish Singh, learned counsel for respondent No.1- Directorate General of Training ["DGT"] and Ms. Bihu Sharma, learned counsel for the State Directorate, both submit that there is no substantive impediment to the petitioner's trainees appearing in the examinations scheduled to commence from 13.12.2021. However, the petitioner is unable to download the hall tickets due to what appears to be certain administrative issues between the two governmental agencies as to the responsibility for uploading data on the NCVT-MIS portal.
2. Mr. Sanjay Sharawat, learned counsel for the petitioner, states that the petitioner has already uploaded the data of its trainees on the NIMI portal but the data has to be migrated to the NCVT-MIS portal in order for the hall tickets to be downloaded after verification by the State Directorate. Ms. Sharma points out that even upon verification, the portal is not within the control of the State Directorate and the State Directorate is unable to make any changes to the data.
3. The petitioner's trainees cannot be permitted to suffer on account of the administrative issues between the DGT and the State Directorate. In order to resolve the matter, the DGT and the State Directorate are both directed to nominate a senior officer from each side to act as a nodal officer and to ensure between them that the data uploaded by the petitioner is migrated to the NCVT-MIS portal within seven days from today. In the event any information or clarification is required from the petitioner, the same may be communicated by the petitioner through its Secretary and a copy thereof be also sent to Mr. Sanjay Sharawat, learned counsel for the petitioner.
4. After this process is completed by 07.12.2021, the petitioner will download the hall tickets of its trainees and Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.12.2021 22:20:54 W.P.(C) 12961/2021 Page 3 of 5 the trainees will be permitted to participate in the examination to be held from 13.12.2021.
5. In the event the data has not been migrated to the NCVT- MIS portal within seven days, a competent officer of the DGT and the State Directorate will remain present in Court with required records on the next date of hearing.
6. List on 08.12.2021."
(Emphasis supplied.)
5. Mr. Singh and Ms. Sharma have produced various documents before me today. They show that as far as the petitioner is concerned, a communication has been sent with regard to the discrepancies only on 03.12.2021. Another communication dated 05.12.2021, addressed by the State Directorate to the DGT, has also been produced in support of the contention that there were discrepancies in the data submitted by the petitioner.
6. Unfortunately, the respondents do not appear to have taken any action at the requisite time. These orders and communications are being issued now when the examinations are a few days away. Even on 25.11.2021, the respondents had not instructed their counsel as to any deficiencies/discrepancies in the petitioner's data. The documents produced by the respondents will have to be filed on affidavit, and the petitioner has to be given an opportunity to rebut the same.
7. In the meanwhile, it is evident that the timely exercise of verification was not conducted. Ms. Sharma states upon instructions from Mr. Suman Kumar, Assistant Director of the State Directorate, that the verification exercise was conducted and the consequent discrepancies reflected on the portal, only on 03.12.2021. The communication to the Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.12.2021 22:20:54 W.P.(C) 12961/2021 Page 4 of 5 petitioner is also of the same date. In these circumstances, the petitioner has made out a case for grant of an interim order. The trainees of the petitioner, to whom no fault is sought to be attributed, at least at this stage, ought not to suffer a delay in their examinations.
8. The respondents are directed to enable the petitioner to download the hall tickets of the candidates whose data has been uploaded by it [Annexure P-9 of the writ petition], to enable them to take the examinations commencing from 13.12.2021. The aforesaid order is without prejudice to the rights and contentions of the parties and will create no special equities in favour of the petitioner or its trainees. The petitioner will keep its trainees informed of this position.
9. Counter affidavits be filed within four weeks. Rejoinders thereto, if any, may be filed within two weeks thereafter.
10. List on 17.02.2022.
PRATEEK JALAN, J DECEMBER 8, 2021 'Bp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:08.12.2021 22:20:54 W.P.(C) 12961/2021 Page 5 of 5