Rajasthan High Court - Jaipur
B L Private Industrial Training vs N C V T And Ors on 22 August, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.12712/2017
B.L. Private Industrial Training Institute, 1-N-3, MIA, Alwar,
Promoted by Choudhary Charan Singh Medical Sikshan Prasikshan
Sansthan Through Its Chairman Laxman Singh Son of Shri Behari
Lal Ji, Resident of 1-N-3, MIA, Alwar (Raj.) ----Petitioner
Versus
1. National Council for Vocational Education and Training (NCVT)
Through Its the Director (Examination), Shram Shakti Bhawan, 2-
4, Rafi Marg, New Delhi-1.
2. The Director, Rajasthan Council for Vocational Education and
Training (RCVT), W-6, Gaurav Path, Jodhpur (Raj.)
3. Principal, Govt. Industrial Training Institute (Boys), Kali Mori
Railway Phatak, Old Industrial Area, Alwar (Raj.) Nodal Officer for
NCVT Examination. ----Respondents
_____________________________________________________ For Petitioner(s) : Mr.Dinesh Yadav.
For Respondent(s) : Mr.Manu Bhargava GC, Mr.Chandrashekhar on behalf of Mr.R.D. Rastogi, ASG.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 22/08/2017 The petitioner-B.L. Private Industrial Training Institute (hereinafter the 'institute') is affiliated to the National Council for Vocational Education and Training (NCVT) and recognized by Rajasthan Council for Vocational Education and Training (RCVT).
The Director, RCVT by letter dated 15.05.2017 issued a schedule for NCVT examinations for Semester I, II, III and IV in various ITIs in the month of July/ August 2017. The dates of the examination was amended vide letter dated 27.06.2017. Therein the practical examination for semester I, II, III and IV at IIT's duly affiliated and recognized such as the institute were to be held (2 of 6) [CW-12712/2017] between 18.07.2017 and 28.07.2017 and theory papers between 31.07.2017 and 10.08.2017.
The case of the institute is that it deposited the requisite fee for its students studying in semester I, II, III and IV on 19.06.2017 by way of challan well before the last date 30.06.2017. Simultaneously the list of examines in the four semesters being the students enrolled with the institute was uploaded and sent to the Director, NCVT on 21.06.2017 also well before the last date 30.06.2017. The challan of fees/list of examines was then submitted to the Principal, Government Industrial Training Institute (Boys) Old Indusrial Area, Alwar, Nodal Officer for NCVT examination on 27.06.2017 again before the notified last date of 30.06.2017.
Following the submissions of the requisite information and deposit of examination fee with regard to the students of the institute studying in semesters I, II, III and IV examination center was allotted inter alia to the institute vide planning chart dated 15.07.2017. Thereafter the roll list of students of several other ITI institutes in semester I, II, III and IV to participate in examination of 2017 was issued by the respondents. On the name of the institute was not being included in the roll list, it approached the office of the respondents but to no avail. Practical examination in (3 of 6) [CW-12712/2017] the meanwhile took place and the students of the institute were left out therefrom.
In the circumstances the institute has approached this Court impugning the non-inclusion of its students reading in semesters I, II, III and IV in the roll list issued by NCVT to write the relevant examinations being conducted by RCVT.
Mr.Dinesh Yadav appearing for the institute submitted that since the filing of the petition on 28.07.2017 the roll list including the students of the institute was issued by NCVT on 29.07.2017. This fact has also been admitted in the reply filed by the RCVT. It is stated that resultantly the students of the institute have participated in the theory examination of semesters I, II, III and IV held between 31.07.2017 and 10.08.2017.
The issue which now remains to be considered is of the practical examinations 2017 of the students of the institute in semesters I, II, III and IV who were left out from participating therein for delay in the issue of the roll list qua them. Mr.Dinesh Yadav submitted that from the facts on record it is evident that the delay in the issue of the roll list to the students of the institute for participating in the practical and writing the semesters I, II, III and IV examinations 2017 is wholly attributable to the gross- negligence on the part of the respondents. That negligence (4 of 6) [CW-12712/2017] partakes the character of arbitrariness and has occasioned prejudice to the institute and its students. Mr.Dinesh Yadav pointed out however the situation in which the students of the institute find themselves can be retrieved for the reason of floods in certain districts in Western Rajasthan, examinations both practical and theory of students in various ITIs in the said districts reading in semesters I, II, III, IV have been postponed and are to be soon held. He submitted that in the circumstances it be directed that the students of the petitioner-institute who missed out the practical examinations in semesters I, II, III and IV for reason of NCVT's delays be allowed to participate in the practical examination to be now held by RCVT for students of the ITIs situated in flood affected areas in Western Rajasthan.
Mr.Manu Bhargava has no serious objection to the submission of Mr.Dinesh Yadav for reason of the facts alleged not being seriously disputable. Mr.Chandrashekhar appearing on behalf of Mr.R.D. Rastogi, Learned ASG however seeks time to file reply to the writ petition.
Heard. Considered.
In the facts obtaining, I am of the considered view that there is no occasion to adjourn the matter for filing of reply by the NCVT (5 of 6) [CW-12712/2017] as the relief sought is only against RCVT which is represented by Mr.Manu Bhargava. Mr.Chandrashkehar's prayer for adjournment is therefore rejected. It is evident from the pleadings of the institute duly supported by documents annexed to the writ petition that the list of examines in semesters I, II, III and IV with petitioner- institute as also the requisite examination fee was uploaded/submitted before the last date to the NCVT. A hard copy thereof was also furnished to the Principal, Government Industrial Training Institute (Boys) Old Industrial Area Nodal Officer for NCVT examination well within time. It is also nobody's case that the institute did not submit the requisite information or deposit fees for its students in semester I, II, III and IV within time for the examination of 2017. In fact name of students of the institute has been included in the roll list by NCVT albeit belatedly issued. And they have written the theory papers. No question of their eligibility to participate in the practical examination 2017 held by RCVT can thus arise. It however appears that for reason of a administrative mix up, not unusual, the matter has reached this Court. That mix up needs rectification and prejudice occasioned therefrom exercised.
Resultantly the petition is allowed. It is directed that students of the institute reading in semesters I, II, III and IV be (6 of 6) [CW-12712/2017] allowed to participate in the practical examinations 2017 as and when such examination of the students of other ITIs of Western Rajasthan, which have been postponed for reasons of floods are held. Subsequent to the holding of the practical examination as directed, the result of the students of the institute be declared.
The petition stands allowed accordingly.
(ALOK SHARMA) J.
Karan/12