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Gauhati High Court

Federation Of Indian Women ... vs The State Of Assam And 3 Ors on 21 March, 2022

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                Page No.# 1/3

GAHC010016332022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/1562/2022

            FEDERATION OF INDIAN WOMEN ENTREPRENEURS
            THROUGH ITS AUTHORIZED REPRESENTATIVE MR. P.K. AGGARWAL



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            THROUGH MINISTRY OF SKILL, EMPLOYMENT AND ENTREPRENEURSHIP
            GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, ASSAM-781006

            2:THE DIRECTOR
             DIRECTORATE OF EMPLOYMENT AND TRAINING
             GOVERNMENT OF ASSAM

            3:THE DIRECTOR
             DIRECTORATE OF EMPLOYMENT AND TRAINING
             GOVERNMENT OF ASSAM
             RDAT
             KOLKATA

            4:DGET
             GOVERNMENT OF INDIA
             NEW DELH

Advocate for the Petitioner   : MR. N BARMAN

Advocate for the Respondent : ASSTT.S.G.I.
                                                                                    Page No.# 2/3


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

21.03.2022 Heard Mr. Viraj Kadam, learned counsel for the petitioner; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 and 3; and Mr. B. Deka, learned Central Government Counsel [CGC] for the respondent no. 4.

At the inception, Mr. Kadam, learned counsel for the petitioner has submitted that he may be permitted to correct the name of the respondent no. 4 in the cause-title of the writ petition under his own handwriting in the presence of the Court Master.

The prayer is allowed.

Mr. Kadam shall correct the name of the respondent no. 4 in the cause-title of the writ petition under his own handwriting in presence of the Court Master.

The petitioner has averred that it has been empanelled as an assessing body with the Director General of Employment and Training [DGET] under the Ministry of Skill Development, Government of India. The Ministry of Skill Development launched a scheme under the name and style, "Skill Development Initiative [SDI] Scheme", to provide short-term vocational courses to candidates and to give certificate of competence from the National Council of Vocational Training [NCVT]. The petitioner, as an assessing body, is required to assess the skills of the candidates trained by the Vocational Training Providers [VTPs]. There is a set of guidelines formulated by the DGET providing therein the procedure for payment.

The petitioner submitted a bill amounting to Rs. 57,46,400/- before the respondent authorities for the assessments done during the period from 11.09.2013 to 31.03.2015. The case of the petitioner is that out of the said bill amounting to Rs. 57,46,400/-, the respondent no. 2 had, till date, paid only an amount of Rs. 15,88,800/- and the balance amount of Rs. 41,49,600/- has not yet been disbursed to the petitioner. The further case of the petitioner is that the respondent no. 2 had informed by a letter dated 29.09.2020 that it had scrutinized the bills amounting to Rs. 35,07,175/- and that the petitioner is only entitled to an amount of Rs. 21,37,575/-. Claiming that the entire amount of Rs. 41,49,600/- is due to the petitioner, Page No.# 3/3 the petitioner has approached this court by way of this writ petition.

Issue notice of motion, returnable on 20.04.2022.

As Ms. Barman, learned Junior Government Advocate, Assam has appeared and accepted notices on behalf of the respondent nos. 1, 2 and 3 and Mr. Deka, learned CGC has appeared notice on behalf of the respondent no. 4, no formal notices need to be issued to the said respondents. Mr. Kadam shall furnish requisite number of extra copies of the writ petition along with the annexures, to Ms. Barman and Mr. Deka within 3 [three] working days. List the case on 20.04.2022.

JUDGE Comparing Assistant