Delhi High Court - Orders
Shaheed Bhagat Singh Private Iti vs Directorate General Of Training & Anr on 30 May, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~13 & 36 to 38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7101/2023 & CM APPL 29988/2023
SHAHEED BHAGAT SINGH PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Saharwat and Mr. Ashok
Kumar, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Through: Mr. Rishabh Sahu, CGSC alongwith Mr.
Vikramaditya Singh, G.P. and Mr. Sameer
Sharma, Advocate for respondent No.1
Mr. Anil Kumar Yadav, AAG with Ms. Noopur
Singhal and Mr. Aakansh Yadav, Advocates for
respondent No. 2
+ W.P.(C) 1955/2023 & CM APPL 14094/2023
SHRIRAM PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Saharwat and Mr. Ashok
Kumar, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Through: Mr. Subhash Tanwar, CGSC alongwith
Mr. Sandeep Mishra and Mr. Ashish Choudhary,
Advocates for respondent No.1
Mr. Anil Kumar Yadav, AAG with Ms. Noopur
Singhal and Mr. Aakansh Yadav, Advocates for
respondent No. 2
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 08/10/2023 at 04:16:31
-2-
+ W.P.(C) 1979/2023 & CM APPL 14091/2023
ADARSH MEDICAL PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Saharwat and Mr. Ashok
Kumar, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Through: Mr. Syed Abdul Haseeb, Sr. Panel
Counsel alongwith Ms. Vidhi Gupta, G.P. for
respondent No.1
Mr. Anil Kumar Yadav, AAG with Ms. Noopur
Singhal and Mr. Aakansh Yadav, Advocates for
respondent No. 2
+ W.P.(C) 1987/2023 & CM APPL 14101/2023
CHOUDHARY PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Saharwat and Mr. Ashok
Kumar, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING & ANR.
..... Respondents
Through: Mr. Manish Kumar, Sr. Panel Counsel
alongwith Ms. Vidhi Gupta, G.P. for respondent
No.1
Mr. Anil Kumar Yadav, AAG with Ms. Noopur
Singhal and Mr. Aakansh Yadav, Advocates for
respondent No. 2
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 30.05.2023 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 08/10/2023 at 04:16:31 -3-
1. In this batch of writ petitions, the principal prayer made by the petitioner-institutions is to permit the petitioner-institutions to upload the data of certain trainees claimed to have been admitted by the petitioner- institutions in the Academic Session 2022-24 on the NCVT-MIS portal. The petitioner-institutions also pray for directions to permit them to perform all incidental activities related to their admission and training to enable them to appear in the forthcoming first year All India Trade Test.
2. Learned counsel appearing on behalf of the petitioner-institutions raised various issues to justify the relief claimed in the instant writ petitions. However, while relying on a decision passed by this court in the petition being W.P.(C) 3187/2023 dated 25.05.2023, he states that if the similar directions are issued in the present case, the petitioner-institutions' grievance at this stage stands mitigated.
3. Learned counsel appearing on behalf of the respective respondents initially vehemently opposed the petitions on merit. That apart, they also raised an objection with respect to the territorial jurisdiction of this court. However, keeping in mind the nature of directions issued by this court in the aforesaid petition being W.P.(C) 3187/2023 dated 25.05.2023, they state that without prejudice to the rights and contentions of the parties, if the State Directorate is direct to conduct the appropriate verification of the trainees claimed to have been admitted by the petitioner-institutions, they would not have any serious objections.
4. Learned counsel appearing on behalf of the respondent-State Directorate also states that according to his instructions, there are various qualms with regard to the genuineness of the admissions claimed to be made 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 08/10/2023 at 04:16:31 -4- by the petitioner-institutions.
5. Owing to the nature of directions sought to be issued relying on the decision in the case of ITI Club of India v. Directorate General of Training &Anr., this court is not required to decide the submissions made on merit. However, leaving all questions open, this court thinks it appropriate to dispose of the instant writ petitions with the following directions:-
(i) The State Directorate is directed to verify the data of each petitioner-
institution as to whether the students admitted by them are fulfilling the basic eligibility criteria for their admission against their respective Trades and whether the admissions were granted before the cut off date.
(ii) Upon verification of the aforesaid aspect, let the State Directorate to intimate the petitioner-institutions as to how many students admitted by them are not approved. If in any case, any student has any grievance, they would be entitled to raise it, in accordance with law.
(iii) If the concerned State Directorate finds that the students admitted by the petitioner-institutions fulfils the basic eligibility criteria and their admissions were made before the cut off date, let appropriate steps be taken to enable the petitioner-institutions to upload the relevant data on the State admission portal. Thereafter, appropriate steps be taken by the respondent- DGT to activate the State Admission portal enabling the petitioner- institutions to upload the data of admission of students.
(iv) Needless to state that if the respondent-State Directorate approves the admission, upon activation of the said portal, respondent-State Directorate be enabled to migrate the data from State Admission Portal to NCVT-MIS Portal.
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 08/10/2023 at 04:16:32 -5-
(v) Let the respondents to immediately notify the activation of State Admission Portal so that the petitioner-institutions can upload the data of the students for verification by the concerned respondent-State Directorate.
(vi) Depending upon the inquiry and the steps to be taken by the respondents, if found eligible, the eligible students be allowed to appear in the instant examinations.
6. Let the aforesaid exercise be conducted before 15.06.2023.
7. With the aforesaid directions, the petitions stand disposed of alongwith the pending applications.
PURUSHAINDRA KUMAR KAURAV, J MAY 30, 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 08/10/2023 at 04:16:32