Jharkhand High Court
Sanjay Kumar vs The Union Of India on 18 July, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No.6828 of 2016
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Sanjay Kumar. .......... Petitioner.
-Versus-
1. The Union of India, through Directorate General of India, Director Training, Ministry of Skill Development Entrepreneurship, Shram Shakti Bhawan Rafi Marg, New Delhi.
2. Director Employment of Training, Bihar Vikash Bhavan, New Secretariat, Patna (Bihar).
3. Director Employment and Training, Jharkhand, Nepal House, Doranda, Ranchi (Jharkhand).
4. B. K. Institute of Technology, having its office at Belbagan, Samlong, Namkum, Ranchi (Jharkhand).
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Ashok Kumar Pandey, Advocate
For the UOI : Mr. Rajiv Sinha, A.S.G.I.
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Order No.14 Date: 18.07.2018
1. The present writ petition has been filed for issuance of direction upon the respondents to issue Original National Trade Certificate (in short 'Original NTC') in favour of the petitioner as an electrician who has successfully completed his course in the academic session 1991-93 from the respondent no.4-B.K Institute of Technology at Belbagan, Samlong, Ranchi.
2. The brief facts of the case, as stated in the writ petition, is that the petitioner completed ITI Course in electrician trade from the respondent no. 4 in the session 1991-93. He got appointment in Ramananda Centenary College, Laulara, District Purulia (West Bengal) and joined his services on 14.10.2015. At the time of joining, the petitioner submitted Provisional National Trade Certificate (Provisional NTC). During the course of service, the petitioner was asked by the college administration to submit the copy of Original NTC, which was to be issued by the National Council for Vocational Training, Ministry of Skill Development Entrepreneurship, Government of India. The petitioner requested the department concerned for issuance of Original NTC but the same was not supplied and consequently the salary of the petitioner was stopped by the said College.
-2-3. The learned counsel appearing on behalf of the petitioner submits that in a similar situation, the Patna High Court passed an order, directing the respondents to issue Original NTC and the compensation was also awarded. It is further submitted that pursuant to issuance of Provisional NTC, the petitioner appeared in All India Trade Test (in short AITT) held in the month of November 1997 and was declared successful. After having declared successful in the AITT, the petitioner completed his apprenticeship in Usha Martin Limited, Ranchi during the period from 15.11.1996 to 14.11.1997 and the company also granted National Apprentice Certificate to him. However, in absence of Original NTC, the petitioner is not able to discharge his duty in the college and in absence of salary, he is deprived of his livelihood guaranteed under Article 21 of the Constitution of India. It is also submitted that the Director of the respondent no.4 has written a letter to the Examination Controller, Joint Training at Hehal, Ranchi enclosing a list of candidates who have been granted Original Trade Certificate vis-a-vis the list of the candidates of the same batch whose Original NTC were still to be issued which clearly shows that the respondents are discriminating among the similarly situated persons.
4. The learned counsel appearing on behalf of the respondent no.1 submits that an institute conducting Craftsman Training should be affiliated to National Council for Vocational Training (NCVT) for the particular trade during the academic session for grant of Original NTC to the trainee of the Institute. The Directorate General of Employment and Training under the aegis of Ministry of Labour and Employment, Government of India (now Directorate General of Training) under the Ministry of Skill Development and Entrepreneurship, Government of India has prescribed Craftsman Training Scheme to be conducted in such institutes which maintain minimum prescribed norms as per the guidelines of NCVT. The trainees of the affiliated institute after completing the stipulated schedule of the training period are permitted to appear in AITT. As per the records of DGT, in the year 1991 during which the petitioner took admission, the affiliation for electrician trade was not granted to the respondent no.4 and as such Original NTC cannot be issued to the petitioner. It is further submitted that the -3- affiliation for electrician trade was granted for two units (one unit in each shift) w.e.f. August, 1996 and additional 4 units (two units in each shift) w.e.f. August 2004. It is also submitted that the concerned State Directorate may issue State Trade Certificate (STC) at its discretion to the petitioner. It is further submitted that the admission of trainees, allowing them to appear in AITT, declaration of result and issuance of Provisional NTC to the successful trainees is controlled by the concerned State Directorate. It is the responsibility of the State Directorate to ensure that only the trainees of NCVT affiliated trade/unit of the respective institute appear in the AITT and get Provisional NTC. It is further submitted that the judgment relied upon by the petitioner has been rendered in a different fact situation. The present case relates to Electrician Trade and the NCVT affiliation is granted trade wise. The respondent no.1 always abides by its duty and obligation of issuing the Original NTC, but as per the rule, the passed out candidates of respective Industrial Training Institute can be granted the Original NTC only if the Institute is affiliated for the particular trade during the relevant academic session.
5. The learned counsel appearing on behalf of the State of Bihar submits that the Assistant Director (Examination), Directorate of Employment and Training, Niyojan Bhawan, Bihar, Patna vide his Letter No. 606A, dated 26.07.2017 has informed the Director, Employment and Training, Jharkhand Ranchi that upon bifurcation of State of Jharkhand, the entire record has been handed over to the competent authorities of the State of Jharkhand and as such he is unable to state as to under what circumstance the Original NTC could not be issued to the petitioner in the year 1993, however, on perusal of Form-C it appears that the certificate has not been issued as yet. It is further submitted that the grievance of the petitioner relates to the Directorate of Employment and Training, Jharkhand which is the competent authority to look into the grievance of the petitioner.
6. The learned counsel appearing on behalf of the respondent no.4 submits that NCVT is responsible for grant of affiliation to Industrial Training Institutes. After scrutiny of the recommendations made by -4- the Standing Committee of NCVT, the sub-committee of the NCVT dealing with the affiliation matters considers the recommendations. The Standing Committee of NCVT recommended for 4 units (2 units in each shifts) for electrician trade and the NCVT allowed those trainees to appear in AITT who belonged to the trades which were recommended for affiliation by the Standing Committee and thus the trainees who belonged to the trades recommended for affiliation by the Standing Committee, cannot be denied grant of Original NTC. The erstwhile Government of Bihar vide its memo dated 13.11.2000 issued order that the Original NTC should be issued to those trainees who had appeared in the examination conducted by the NCVT and had been declared successful during the period from July 1991 to July 1997. It is further submitted that similarly situated persons had filed writ being CWJC No. 10084 of 1999 before the Patna High Court wherein the counter affidavit was filed by the Director General of Employment and Training, Department of Labour, Ministry of Labour and Rehabilitation Government of India, New Delhi stating that those trainees who belonged to trades which were recommended for affiliation by the Standing Committee were allowed to appear in the AITT. The respondent-Institute was duly authorized to admit the petitioner and other students on the basis of the recommendation of Standing Committee of NCVT from time to time as it was fully equipped to impart such training and the petitioner after duly perusing the course successfully passed the AITT and also completed the Apprenticeship.
7. Heard the learned counsel for the parties and perused the materials placed on record. Admittedly, the petitioner was the student of ITI Course in Electrician Trade in the respondent no.4-B.K Institute of Technology, Ranchi during the session 1991-93. He completed the course successfully and was issued Provisional NTC by the SCVT. He also passed AITT which was held in the month of November, 1997, however when he applied for grant of Original NTC, the same was denied on the ground that the college of the petitioner was not affiliated with the NCVT for the particular trade at the relevant point of time. The respondent no. 4 in its counter affidavit has taken the stand that at the relevant point of time, the College/Institute was -5- recommended for affiliation by the standing committee of NCVT and in the meantime the students were permitted to appear in All India Test who belonged to the trades which were recommended for affiliation by the Standing Committee. In support of the said contention the respondent no. 4 has referred to the counter affidavit filed in CWJC No.10084 of 1999 (Jashwant Kumar & Ors. Vs. The State of Bihar & Ors.) wherein it was admitted by the Director General of Employment and Training, Department of Labour, Ministry of Labour and Rehabilitation Government of India, New Delhi that the trainees who belonged to trades which were recommended for affiliation by the Standing Committee of NCVT were allowed to appear in the AITT. The respondent no. 1 has, however, contended that admission to the trainees, allowing them to appear in the AITT, declaration of result and issuance of Provisional NTC is controlled by the concerned State Directorate and thus it may at its discretion to issue State Trade Certificate to the petitioner.
8. Though the respondent no.1 has produced list of affiliations granted wherein the course studied and examination passed by the petitioner has been shown to be approved from 1996 for two units and additional four units from 2004, yet the same does not contain the date on which the Institute had applied for affiliation of the course study, the date of inspection or any other related particulars. Obviously, if the Institute had applied for affiliation of the course simultaneously with the commencement of the course, then the NCVT had the duty to grant affiliation if the Institute was found to have the infrastructural and instructional facilities.
9. If it is not in dispute that the students of the Institute (the respondent no.4) were admitted for All India Test and the results were also declared as well as they were also issued provisional certificates, the respondent No.1 cannot now contend that the trade certificates cannot be issued for want of recognition of the Institute during the relevant period. The students cannot be made to suffer on such a ground. The candidates, who were admitted, would certainly have legitimate expectation that they would be issued the Original National Trade Certificates.
-6-10. Moreover, vide Memo No. 83 dated 13.11.2000 the erstwhile Government of Bihar had ordered for issuance of the original National Trade Certificate to those trainees who had appeared in the examination conducted by NCVT and had been declared successful during the period from July 1991 to July 1997. The petitioner comes within the said period.
11. I have perused the judgment of Patna High Court relied upon by the learned counsel for the petitioner. In C.W.J.C No. 10084 of 1999, the Director of B.K Institute of Technology, Patna and some students of the batches ending in July, 1991, July, 1992, July 1993 had moved before the Patna High Court for grant of National Trade Certificates. In that case also, during the pendency of affiliation, the students were permitted to appear in the All India Test and were granted provisional certificates. The Patna High Court while taking note of issuance of Memo No. 83 dated 13.11.2000 by the Director Employment and Training, Bihar Patna and also that in several other writ petitions, the orders were passed to grant Trade Certificates under identical situation, vide order dated 05.11.2012 directed the Director, Directorate General of Employment and Training Department, Ministry of Labour and Rehabilitation, Government of India, to grant original National Trade Certificates to the petitioners of that case with a cost and compensation of Rs.50,000/- for harassment suffered by them.
12. A copy of the order of Division Bench of Patna High Court passed in L.P.A No.127 of 2006 (The Union of India & Ors. Vs. Brajesh Yadav & Anr.) has also been brought on record by the petitioner whereby the order of the learned Single Judge directing the respondents to issue the original certificates of Diploma course was not interfered with.
13. Moreover it appears from Annexure-8 to the Supplementary Affidavit dated 25.07.2017 filed by the petitioner that other similarly situated persons of the same batch and trade have been issued Original NTC, however, some of the students including the petitioner have not yet been provided the same. Thus, the argument of the learned counsel for the respondent no.1 that the Original NTC cannot be issued in view of the fact that at the relevant time, the concerned institute was not -7- affiliated cannot be accepted. The respondent no.1 cannot be allowed to have discrimination among the similarly situated persons.
14. In view of the aforesaid discussions, I am of the considered view that the petitioner has successfully proved that he has legally enforceable right for grant of Original NTC particularly in view of the fact that provisional certificate showing that he has passed the National Trade test has already been issued. The petitioner has also successfully proved that the concerned respondent has failed to perform its legal obligation in issuing the National Trade Certificate to the petitioner, who has already passed the AITT.
15. The respondent no.1- Directorate General of India, Director Training, Ministry of Skill Development Entrepreneurship, New Delhi is, accordingly, directed to issue trade certificate to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order.
16. The writ petition is, accordingly, allowed.
(Rajesh Shankar, J.) Sanjay/AFR