Delhi High Court - Orders
Dr. Rajendra Prasad Itc & Anr vs Directorate General Of Training & Anr on 2 November, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12080/2023
DR. RAJENDRA PRASAD ITC & ANR. ..... Petitioners
Through: Mr. Amitesh Kumar, Advocate
alongwith Ms. Priti Kumari and Ms. Mrinal
Kishor, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Through: Mr. Neeraj, Sr. Panel Counsel alongwith
Mr. Vedansh Anand, G.P. for respondent No.1
Mr. Abhinav Mukerji, Mr. Bihu Sharma, Mr.
Mohit Prasad and Ms. Pratishtha Vij, Advocates
for respondent No.2
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 02.11.2023
1. Vide order dated 19.05.2023 passed in W.P.(C) 5660/2023, the grievance of the petitioner-institution was noted to the effect that the petitioner sought directions in that writ petition to shift the data of one trainee, namely, Mr. Shailesh Kumar, claimed to have been admitted by the petitioner-institution in Fitter Trade for Academic Session, August, 2021- 2023, from Shift-1 to Shift-2 in the NCVT/MIS portal. It was also prayed by the petitioner-institution to issue further directions to upload the data of 20 trainees admitted by the petitioner-institution in Fitter trade for Academic Session, August, 2022-24 in Shift-1 on the NCVT/MIS portal.
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2. According to learned counsel for the petitioner, on account of wrong entry of the data of Mr. Shailesh Kumar in the relevant shift, the anomaly has occurred, resulting in not allowing the petitioner's data of 20 trainees to be shown in the NCVT/MIS portal in August, 2022-24 in Shift-1.
3. It is seen that in pursuance of the directions dated 19.05.2023, the respondents have taken corrective steps and they have now considered Mr. Shailesh Kumar to have been admitted in Shift-2 instead of Shift-1 for the Session 2021-23. However, the respondents in view of the Notification dated 20.12.2018 ( revised vide notification dated 10.11.2022) only allowed the petitioner-institution to upload the data of 20 trainees admitted by the petitioner-institution in Fitter Trade in Shift-1 in NCVT/MIS portal for the current Academic Session i.e. 2023-25 instead of 2022-24.
4. Learned counsel appearing on behalf of the petitioner submits that 20 trainees were admitted by the petitioner-institution before the cut-off date which was 31.10.2022. He, therefore, submits that even the data uploaded on the NIMI portal would indicate the aforesaid factual position. According to him, it is only on account of the fact that the admission of one candidate was shown to be in the wrong shift that the updation of the data of 20 trainees was not accepted.
5. Learned counsel appearing on behalf of the respondents, on the other hand, submits that in the instant case, the petitioner-institution did not grant admission for the Academic Year 2019-20 and 2020-21 and accordingly in view of the Notification dated 20.12.2018, if any institution fails to admit the students for two consecutive year, it forfeits its right to admit the students in the subsequent Academic Year.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 23:43:17
6. The aforesaid submissions are vehemently opposed by learned counsel for the petitioners.
7. Learned counsel for the petitioners without prejudice to his main arguments that the Notification dated 20.12.2018 will not have any application in the instant case and even the same has been diluted by subsequent notification dated 10.11.2022, submits that on facts, the understanding of the respondents is completely incorrect.
8. During the course of hearing, learned counsel for the petitioners points out certain documents to indicate that in the Academic Year 2020-21, the admissions were granted and even assuming that the Notification dated 20.12.2018 is applicable as has been portrayed by the respondents, the same cannot be made applicable under the facts of the present case. He, therefore, submits that not only the understanding of the respondent is legally incorrect, however, the respondents have also not understood the case of the petitioners in right perspective.
9. Leaving aside the application and import of the Notification, as has been referred by learned counsel for the parties, there arises a factual dispute with respect to admission of the trainees in the Academic Year 2020-21. If the petitioners are correct in their submissions that in the Academic Year 2020-21, the admissions were made in Shift-1, the students admitted in that particular Academic Session must have been allowed to appear in their examinations.
10. The aforesaid aspect can be verified from the relevant available record with the examining body or with the State Directorate etc.
11. In view of the aforesaid, before taking any final view in the matter, the petitioners are directed to produce the relevant record by way of an This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 23:43:18 affidavit indicating the admission of the trainees in the Academic Year 2020-21 within a period of 7 days from today.
12. On receipt of the relevant data/record from the petitioners, the respondents shall verify the aforesaid aspect and take necessary steps.
13. The respondents shall conduct the inquiry within 15 days from the date of receipt of the documents.
14. The respondents are directed to produce the outcome of the inquiry as has been directed by this court.
15. List on 1st December, 2023.
16. In the meantime, respondent no.2 is at liberty to file the counter affidavit.
PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 2, 2023 p'ma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 23:43:18