Rajasthan High Court - Jaipur
State Of Raj And Anr vs Laxmi Narayam Meena And Ors on 12 February, 2013
Author: Amitava Roy
Bench: Amitava Roy
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. Civil Special Appeal (Writ) No.561/2012 State of Rajasthan & Anr. vs. Laxmi Narayan Meena & Ors. Date of Judgment : 12.02.2013 HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY HON'BLE DR. JUSTICE SMT. MEENA V. GOMBER Mr. S.C. Purohit, Addl. G.C. for State-appellants. Mr. Sandeep Saxena, for respondents No.1 & 2.
Mr. Sanjay Yadav, for respondent No.3.
Heard learned counsel for the parties.
On a consideration of the averments made on oath and on scrutiny of the grounds urged, we are of the view that sufficient cause has been shown for condoning the delay of 28 days in preferring the appeal. The delay is thus condoned.
The misc. application is allowed in the above terms.
In challenge is the judgment and order dated 20.01.2012 passed in S.B. Civil Writ Petition No.790/2012 whereby the appellant-State of Rajasthan and the Kanika Industrial Training Center (for short, hereinafter referred to as 'the Center') had been directed to issue the mark-sheets of respondents for the NCVT Examination 2011 in Electrician Trade taken by them.
We have heard Mr. S.C. Purohit, learned Additional Government Counsel appearing on behalf of appellant-State of Rajasthan as well as Mr. Sandeep Saxena and Sanjay Yadav, learned counsel appearing on behalf of respondents.
Briefly stated, the facts relevant for the disposal of the appeal, are that the respondents took admission in Session 2009 in the NCVT Course with the Center and claim to have pursued their classes during 2009-2010 and 2010-2011, but on the completion of their curriculum, they were not permitted to appear in the concerned Examination by State-respondents, for which the Center approached this Court for necessary direction by way of S.B. Civil Writ Petition No.14460/2010 and this Court by the order dated 19.01.2011 allowed its students to provisionally appear in the Examination of NCTE Course, in pursuance whereof, the private respondents took the Examination. Thereafter, their results were laid with this Court and on perusal thereof, it having been noticed that they had failed in the Examination, by order dated 26.09.2011, the writ petition was declared to have been rendered infructuous and was closed accordingly.
Significantly, the relief sought for by the Center in S.B. Civil Writ Petition No.14460/2010 was for issuance of an appropriate writ, order or direction to the State-respondents therein to allow its 82 students, who had been admitted in the Electrician Trade to sit in the Examination scheduled to be held in the month of January, 2011 or thereafter. Noticeably, the objection of the State-respondents therein for non-affiliation of the Center with the NCVT rendering the students ineligible to appear in the examination was not adjudicated upon.
Be that as it may, as it would transpire from the pleadings of the State-respondents submitted in the writ proceedings, they contended in substance with reference to the scheme of affiliation involved, that the trades/units of an institution granted affiliation between 1st January to 30th June was to be effective for admission of trainees from the August session of that year. Similarly the affiliation so granted between 1st July to 31st December was effective for the trainees from February session of the next year. The respondents denied the Center's contention that on 29.01.2009, the NCVT had inspected the institution and clarified that the Center in fact submitted proposal for inspection on 12.01.2009 before the Directorate of Technical Education and on 29.01.2009 a preliminary inspection in Electrician Trade/04 unit and Health Sanitary Inspector/02 unit of the Center was done. They contended further that after such preliminary inspection, the file pertaining to the NCVT was sent for recognition and that eventually, the inspection was done on 29.06.2009, following which the DGE&T (HQ) New Delhi issued order in 2009 for admission in Electrician Trade/04 unit and Health Sanitary Inspector/02 unit. According to the State-respondents, for the students admitted in the session February 2009, this affiliation was thus of no avail. To reiterate, as referred to hereinabove, this aspect was not adjudicated upon in the writ proceeding.
The order impugned in the instant appeal as aforestated has been passed in S.B. Civil Writ Petition No.790/2012 filed by the private respondents herein seeking only a direction for issuance of their mark-sheets which had been withheld by the Center purportedly on the ground that for the session, to which they belong, affiliation of the NCVT had not been granted.
Whereas, learned counsel for the appellant contentiously argued that the direction for issuance of the mark-sheets of private respondents, in the above factual background, would tantamount to acknowledgment of the affiliation of the Center vis-a-vis the students who had taken admission in February, 2009 therewith, the learned counsel for the private respondents has urged that as the materials on record demonstrate in clear terms that the Center had in fact been accorded affiliation by the NCVT to cover as well, the students, who were permitted by this Court to take examination, their mark-sheets had been rightly directed to be issued by the learned Single Judge.
Upon hearing the learned counsel for the parties and on a consideration of the materials on record, we are of the view having regard to the limited prayer made in S.B. Civil Writ Petition No.790/2012 that the private respondents having been allowed to appear in the examination on the intervention by this Court vide order dated 19.01.2011 passed in S.B. Civil Writ Petition No.14460/2010, they are entitled to have their mark-sheets, in connection therewith.
In the above background, we find no cogent reason to interfere with the judgment and order impugned in the instant appeal. We, however, part with the observation that in making this limited determination, we have not dealt with the broader aspect bearing on the affiliation of the Center vis-a-vis the private respondents by the NCVT and it would be open for the parties to agitate the same at an appropriate point of time, if so advised.
The appeal is disposed of in above terms. The stay application as well as Interim Application No.57815/2012 also stand disposed of. No costs.
(DR. MEENA V. GOMBER),J. (AMITAVA ROY), C.J. Mohit
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Mohit Tak, Jr. P.A.