Patna High Court
Jashwant Kumar & Ors vs The State Of Bihar & Ors on 5 November, 2012
Author: Navaniti Prasad Singh
Bench: Navaniti Prasad Singh
Civil Writ Jurisdiction Case No 10084 of 1999
===========================================================
In the matter of an application under Article 226 of the Constitution of India.
===========================================================
1 Jashwant Kumar, son of late Jamuna Prasad, resident of B/107, P C Colony, PO
+ PS - Kankarbagh, District - Patna
2 Gyan Prakash, son of Sri Manohar Prasad, resident of Katra Chowk, Sheikhpura
3 Mohd Kamal Arshad, son of Mohd Nasiruddin, resident of Mohalla - Sangi
Masjid, Phulwarisarif, District - Patna
4 Rajiv Ranjan Sinha, son of Sri Ram Ittar Singh, resident of village - Gosain
Math, PO - Belchi, PS - Harnaut, District - Nalanda
.... .... Petitioner/s
Versus
1 The State of Bihar
2 The State Director, Craftsman Training Scheme -cum- Director, Employment
& Training, Government of Bihar, New Secretariat, Vikas Bhawan, Patna - 800
015
3 The Director, Directorate General of Employment and Traning, Department of
Labour, Ministry of Labour and Rehabilitation, Government of India, New
Delhi
.... .... Respondent/s
===========================================================
Appearance :
For the Petitioner/s : Mr Keshav Shrivastav, Senior Advocate with
Mr Manoranjan Kumar Sinha I, Advocate
For the S t a t e : Mr Pushkar Narain Shahi, AAG XIV with
Mr Sanjeet Kumar Singh, AC to AAG XIV
For Union of India : Mr N A Shamsi, Assistant SCCG
===========================================================
CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH
ORAL JUDGMENT
Navaniti Prasad Singh, J Petitioner No 1 is the Director of B K Institute of Technology, Patna and petitioners No 2, 3 and 4 are successful trainees of All India Trade Test of the batches ending in July, 1991, July, 1992, July, 1993. They had come here for a grievance that having successfully completed the said course, they were entitled to be granted National Trade Certificate. Initially, there was a lot of Patna High Court CWJC No.10084 of 1999 dt.05-11-2012 2 controversy basically because though the Institute was inspected by the Central Team in the year 1991, the recognition was granted only in 1993. In the meantime, the students were permitted to appear in the All India Test. They were even granted provisional certificates but when it came to grant of final certificates, suddenly the authorities took a different view of the matter which led to this writ petition being filed.
From the records, it appears that whatever may have been the controversy earlier, vide Memo No 83 dated 13.11.2000, the Director, Employment and Training, Bihar, Patna issued orders for issuance of Trade Certificates to all private institutions whose students have appeared for the said course and its examinations between July, 1991 to July 1997 and to issue certificates to the respective students. Thus effectively, the controversy should have ended but regrettably till date, petitioners have not been favoured with the Trade Certificate. The result is that the students have lost the employment opportunity. A certificate which was given to them in the year, 1993 is now being promised to be given. The certificate was the basis for them to seek employment. They have suffered.
Mr Pushkar Narain Shahi, learned AAG XIV states that the Controller of Examination, Bihar, Patna in the Directorate of Employment and Training in the Department of Labour Resources, Government of Bihar has sent written instructions that the students would be immediately given the Trade Certificates. From the records also, I find that in the counter affidavit, the Central Government has stated that Original Trade Certificates have been given by it to the State so that they may be issued to all the successful students. Therefore, apparently, the default was at the level of the State. Another thing which is clear from the record is that the decision to permit the students to appear in the Patna High Court CWJC No.10084 of 1999 dt.05-11-2012 3 examination was taken at the highest level. Students have appeared in the All India Examination. Provisional certificates were also granted but for reasons, as noted above, they were denied.
It may be noticed here that large numbers of students were aggrieved by such actions. Several writ petitions were filed. Orders were issued by this Court for grant of Trade Certificates under identical situation. In some cases, the Division Bench awarded costs and compensation as high as Rs 10 lacs per student which was not interfered with even by the Apex Court.
Considering the aforesaid facts, to me it is clear that some one in the Department at some level was creating confusion when there was none that has resulted not only in great harassment to the petitioners but also loss of adequate opportunity in this regard. On the facts and circumstances aforesaid, I deem it proper to allow the writ petition on the facts noted above.
I, therefore, direct the respondent-Director to ensure that the Original National Trade Certificates are issued to petitioners No 2, 3 and 4 and similarly situated persons who may approach him at the earliest and not later than one month from the date he is approached.
So far as three petitioners here are concerned, being petitioners No 2, 3 and 4, for the harassment and other reasons as noted above, they would be entitled to a cost and compensation of Rs 50,000/- each from the State. State shall be at liberty to recover the same from the person who caused the undue delay in the matter.
Patna High Court, (Navaniti Prasad Singh) The 05th November, 2012, NAFR/M E Haque/-