Patna High Court - Orders
Rahul Kumar vs The State Of Bihar & Ors on 10 July, 2013
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11393 of 2013
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Vikas Kumar Suman
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11609 of 2013
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Sanjeev Kumar
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No.11693 of 2013
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Rahul Kumar
.... .... Petitioner/s
Versus
The State Of Bihar & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Petitioners : M/s Rama Kant Sharma, Sr. Advocate
Md. Anis Akhtar, Advocate
For the State : M/s P.K.Verma, Sr. Advocate, A.A.G. V
Tej Bahadur Singh, Sr. Advocate, A.A.G.VII
For the Respondent - : Mr. S.N.Pathak, Sr.S.C.C.G.
N.C.V.T.
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CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
ORAL ORDER
5 10-07-2013I have heard learned counsel for the petitioners, the State as well as respondent no.5.
The issues involved in all the writ applications are identical and, as such, they are being considered together.
C.W.J.C. No. 11393 of 2013 has been filed for 2 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 2 / 10 grant of following reliefs:
A. For issuance of an appropriate writ order or direction directing the respondents to issue registration certificate and number to the petitioner pursuant to the submission of necessary and relevant documents on 09-04-2013 by the Principal of Indira Pvt. Industrial Training Institute P.O.+P.S- Gararu, behind A.V.M. School, District- Gaya.
B. For issuance of an appropriate writ order or direction directing the respondents to permit/allow the petitioner to appear, after following the procedure pursuant the grant of registration certificate and number, in the trade examination of Diesel Mechanic of Session 2012-2013 which is going to be held from 11.07.2013.
C. For any relief or reliefs to which the petitioner is found entitled in the opinion of this Hon'ble Court.
The other writ applications have also been filed for grant of identical reliefs only difference being the names of institutions in which the petitioners are studying. In C.W.J.C. No.11609 of 2013, the name of the institution is Verma Pvt. Industrial Training Institute whereas in C.W.J.C. No.11693 of 2013 it is Umakant Sulochna Pvt. Industrial Training Institute.
Petitioners claim to have taken admission in their respective institutions, which have been impleaded as respondent no.6 to the writ applications, in Diesel Mechanic Trade - session 2012-13 and have pursued their studies. However, they have not been granted certificate of registration and number which would 3 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013
3 / 10 be required for their appearance in the examination of Diesel Mechanic Trade for the session 2012-13 which is going to commence on 11.07.2013. Thus, they have approached this Court by filing the writ petitions.
It is submitted on behalf of the petitioners that several private institutions had approached the State authority for recommendation so that recognition is granted by the National Council for Vocational Training (hereinafter referred to be as the N.C.V.T), an arm of the Ministry of Labour, Government of India, for imparting vocational training. The State Government has recommended for grant of such affiliation/recognition. However, since the N.C.V.T. did not grant recognition, several institutions including those in which the petitioners are pursuing their vocational training, had approached this Court by filing writ petition bearing C.W.J.C. No14099 of 2012. The writ petition was disposed of with a direction that, since the petitioners had fulfilled the requirements in view of the earlier notification issued by the N.C.V.T., they may be considered for grant of provisional recognition/affiliation till the fulfillment of all the requirements/requisites by fixing a time period. It is submitted that N.C.V.T., thereafter, came with new notifications dated 19.09.2012 and 03.10.2012 negativing the claim of such 4 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 4 / 10 institutions for grant of provisional recognition/affiliation. Thereafter, the institutions which were imparting vocational training approached this Court by filing cases for initiation of proceeding of contempt against the respondents including the authorities of N.C.V.T. bearing M.J.C. No.6671 of 2012 and M.J.C. No.70 of 2013. Both the applications were disposed of on 19.12.2012 and on 08.01.2013 respectively by passing identical orders. It is made clear that the petitioners have stated that they have received vocational training in the institutions which were the petitioners in the aforesaid Miscellaneous Jurisdiction Cases. From the perusal of the orders passed in the aforesaid cases, which have been appended as Annexure 4 to the writ petitions, it appears that the contemnor opposite parties were directed to issue orders granting provisional recognition/affiliation in accordance with law. The State Government had already given no objection certificate/permission in the month of April 2012. However, N.C.V.T. did not come up with any order granting provisional recognition/affiliation. The learned Single Judge had noticed that certain changes in the terms and conditions for grant of such recognition came up in the midst of the inspection for the said purpose when infrastructure was already developed by the institutions as per the pre-existing terms and conditions. The 5 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 5 / 10 petitioner-institutions also brought to the notice that one of the private I.T.I. of the District of Vaishali was granted affiliation with effect from August 2012 in similar circumstances on the basis of the infrastructure as per old Annexure III of the Industrial Training Manual setting out the requirement for establishing such institutions. However, they were not being granted provisional affiliation/recognition even after the direction given by this Court. In the aforesaid facts and circumstances, the learned Single Judge of this Court, vide order dated 19.12.2012 in M.J.C. No.6671 of 2012 as well as the order dated 08.01.2013 in M.J.C. No.70 of 2013, had disposed of the cases by recording identical observations and directions. The relevant passage from one of the orders passed in M.J.C. No.6671 of 2012 is reproduced as under:
"It appears that the Contemnors Opposite Parties have tried to over reach the orders passed by this court by passing the impugned notification dated 19.09.2012 & 03.10.2012 issued by the Director (Training), NCVT, Govt. of India, Ministry of Labour, New Delhi. The reasoning given for negativing the claim of the Petitioners appear to be in teeth of the spirit of the direction passed by this Court in Writ Jurisdiction. The Court initially thought for initiating Contempt Proceeding against the Contemnors Opposite Parties for passing orders in teeth of the direction of this Court but the Court restrains from initiating the same by cautioning the Contemnors Opposite Parties to act in true compliance of the order of the Court in future as such the notification dated 19.09.2012 and 03.10.2012 issued by the Director (Training), NCVT Govt. of India, New Delhi as contained in Annexure - 2 Series are quashed with a direction to the NCVT to get the inspection of Petitioners I.T.I. from the Regional Office, 6 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013
6 / 10 Kolkata as per old norms of Annexure - III within one month from today and grant Provisional Affiliation/recognition from the Session August 2012. The Petitioners are directed to take Admission for the Session 2012-14 in anticipation of grant of Provisional Affiliation in view of the recommendation made in the inspection Report submitted by a duly constituted team of the State of Bihar. It is further clarified and directed that the Petitioners would make available the entire infrastructure as per the revised norms of Annexure III within one year from the date of Provisional Affiliation. The Sub Committee of NCVT, New Delhi would grant Permanent Affiliation only after getting inspection of the Institution within one year by the Standing Committee, RDAT, Kolkata as per the revised Annexure III giving fifteen days time to the Petitioners with regard to intimation of fixation of date of inspection. If the NCVT delays in inspection of the Institution for any reason, the Provisional Affiliation as granted would continue for further Session. It is further clarified that if any of the Petitioners restrain from such inspection on the date fixed, the authorities would be at liberty to pass appropriate orders withdrawing the Provisional Affiliation in accordance with law. The Contemnors are directed to act in accordance with the aforesaid directions. The benefit of the present order is restricted to the Petitioners only.
The Contempt Petition stands disposed of with the aforesaid directions."
The petitioner of C.W.J.C. No.11393 of 2013 has filed supplementary affidavit stating that though the institutions have acted in accordance with the direction given in the aforesaid proceeding but the N.C.V.T. has not granted provisional affiliation again violating the direction contained in the aforesaid order. It has been stated that in view of the direction given to the petitioners (private I.T.I.) of the aforesaid proceeding to take admission for the session 2012-13, as per the clarification contained in Annexure 5, the petitioners took admission in the 7 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 7 / 10 institutions and have pursued their studies. However, in view of the willful defiance of the order of this Court, their future now hangs in balance as in the absence of provisional recognition granted by the N.C.V.T. despite a clear direction of this Court, they would not be allowed to appear at the examination which is going to be held on 11.07.2013 for grant of necessary certificate in Diesel Mechanic Trade.
Mr. S. N. Pathak, learned counsel appearing for the N.C.V.T. has submitted that the aforesaid orders passed in M.J.C. No.6671 of 2012 as well as M.J.C. No.70 of 2013 though not having been challenged as yet but are under active consideration for assailing the same before a competent authority and as such he admits that the aforesaid order has not been complied. It is also submitted that no case has been filed seeking review/modification also. However, Mr. Pathak drew attention of this Court towards a decision of another learned Single Judge of this Court dated 17.05.2013 passed in C.W.J.C. No.5873 of 2013 (Hind Haidry Pvt. I.T.I., Patna City, Patna Versus the Union of India & Ors and other analogous matters). It is submitted that the orders passed earlier by the learned Single Judge in C.W.J.C. No.13177 of 2012 and C.W.J.C. No.14099 of 2012 were brought to the notice of the Court. However, in the facts and circumstances of the case, 8 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 8 / 10 learned Single Judge declined to give any direction to the N.C.V.T. or the State Government for grant of provisional recognition to the petitioner- institutions on the basis of earlier terms and conditions (Annexure III of the concerned manual). Learned Single Judge, in the aforesaid case, has given a direction for setting out a time schedule for consideration of grant of recognition, however, considering the subsequent Government of India decision dated 19.09.2012 setting out new terms and conditions/criteria whereas in the aforesaid M.J.C. No.6671 of 2012 and M.J.C. No.70 of 2013 aforesaid notification dated 19.09.2012 and 03.10.2012 have been quashed. It is urged on behalf of the respondents that there are two contrasting decisions passed by two different learned Single Judges of this Court.
That apart, learned counsel for the State places reliance upon a decision of the Apex Court in National Council For Teacher Education and another versus Venus Public Education Society And Others {(2013) 1 Supreme Court Cases 223} to impress upon this Court that unless recognition is granted by the regulatory authority, in the present case the N.C.V.T., the State Government cannot allow the students to appear in the examination.
In the peculiar facts and circumstances of the case 9 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 9 / 10 in which one learned Single Judge has given positive direction for grant of provisional recognition after quashing the notification dated 19.09.2012 in M.J.C. No.6671 of 2012 and M.J.C. No.70 of 2013 whereas another learned Single Judge has given a direction to the authorities to act accordingly taking into account aforesaid Government of India decision dated 19.09.2012, I deem it proper to refer these matters for their adjudication by an appropriate larger Bench. The office is directed to place the records of these cases before the Hon'ble the Chief Justice.
However, the petitioners have also sought a direction under relief 1(B) of the writ petitions for allowing them to appear in the examination of Trade Diesel Mechanic for the Session 2012-13 which is going to be held from 11.07.2013. It is submitted on behalf of the petitioners that they have taken admission after the direction of this Court contained in the order dated 19.12.2012 passed in M.J.C. No.6671 of 2012 and 08.01.2013 passed in M.J.C. No.70 of 2013. A direction was also given to the N.C.V.T. to grant provisional recognition to the institutions in which they were receiving vocational training. That having not been done, they are being made a victim without any fault on their part.
Thus, in view of the fact that such direction was 10 Patna High Court CWJC No.11393 of 2013 (5) dt.10-07-2013 10 / 10 given by the learned Single Judge in M.J.C. No.6671 of 2012 and M.J.C. No.70 of 2013 directing the petitioners' institution to take admission for the session 2012-13 in anticipation of grant of provisional affiliation in view of the recommendation made by the State Authorities and also in view of the direction to the N.C.V.T. to grant provisional affiliation, I deem it desirable that the petitioners should provisionally be allowed to appear in the concerned examination which is going to commence from 11.07.2013. However, it is made clear that their appearance at the examination and outcome thereof (result etc.) would be subject to the result of these writ petitions.
This order has been passed in presence of the learned counsel for the petitioners, State and N.C.V.T. Learned counsel for the State should immediately communicate this order to the concerned authority.
(Dr. Ravi Ranjan, J) Sanjay-II/-