Gauhati High Court
Kamrup Educational Trust vs The State Of Assam And 5 Ors on 27 November, 2019
Equivalent citations: AIRONLINE 2019 GAU 592
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010287362019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8677/2019
1:KAMRUP EDUCATIONAL TRUST
ZOO ROAD TINIALI, BYE LANE NO.6, H.P.PATH, R.G.BARUAH ROAD, GHY-
03, DIST- KAMRUP (M), ASSAM, REP. BY ITS CHAIRMAN TRUSTEE SRI
VIPIN BIHARI SINGH @ MR. VIPIN SINGH
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SKILL,
EMPLOYMENT AND ENTERPRENEURSHIP DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY.
LABOUR AND EMPLOYMENT DEPTT.
ASSAM
DISPUR
GHY-6
3:THE DIRECTOR
EMPLOYMENT AND CRAFTSMEN TRAINING
ASSAM
REHABARI
GHY-8
4:UNION OF INDIA
REP. BY THE SECY TO THE GOVT. OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
SHRAM SHAKTI BHAVAN
RAFI MARG
NEW DELHI- 110001
5:DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING
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SHRAM SHAKTI BHAVAN
RAFI MARG
NEW DELHI- 110001
6:DIRECTOR
REGIONAL DIRECTORATE OF APPRENTICESHIP TRAINING (ER) C.G.O.
COMPLEX
MSO BUILDING
DF BLOCK
SECTOR-1 E WING
1ST FLOOR
SALT LAKE
KOLKATA- 70006
Advocate for the Petitioner : MR. U K DAS
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE PRASANTA KUMAR DEKA
ORDER
27. 11. 2019 Heard Mr. UK Das, the learned counsel for the petitioner. Also heard Mr. SP Das, the learned standing counsel for the Skill Employment & Entrepreneurship Department, Govt. of Assam representing respondent Nos. 1 and 3.
The petitioner was granted necessary approval of Vocational Training Provider (VTP) registration under the Skill Development Initiative Scheme of the Central Government for imparting training in total 10 numbers of courses. The petitioner after completion of the necessary formalities started imparting Vocational Training in the above courses as per the scheme. The procedure for imparting training was to be carried out online portal of the department for which the concerned authority issued Training Batch No. (TBN). After completion of the training the authorities issued assessment test by issuing online admit cards and examinations were conducted by the representatives of the said respondent authorities. Thereafter considering the numbers of passed out candidates bills are prepared and uploaded in the online process in favour of the petitioner. The petitioner is entitled for Page No.# 3/4 claiming bill only against passed out candidates of each batch at the rate prescribed in the scheme. After completion of the training course and declaration of results after examination conducted by the respondent authorities, the petitioner submitted its bills on various dates (Annexure Nos. 8A, 8B, 8C, 8D and 8E) for total amount of Rs. 63,76,335 to the Director, Employment and Craftsman Training, Assam (respondent No. 3). Subsequently the registration of the petitioner was suspended vide letter dated 26.09.2014 (Annexure No. 7) but the aforesaid amount against the training provided prior to said suspension of registration have not yet been cleared by the registration authorities in spite of funds being made available by the Central Government. As of late, the Government of Assam sanctioned an amount of Rs. 686.03 Crores for the financial year 2017-18 for clearance of the liabilities of the VTPs which was communicated vide letter dated 20.022018. Government also directed the Director of Employment and Craftsman Training, Assam to arrive at a conclusive decision as to the admissibility of the claims of the VTPs and to clear chronologically to ensure utilisation of the fund amounting to Rs. 686.03 Crores on or before 28.02.2018 and submit utilisation certificate to the Government. However, the said direction was not complied with. Accordingly, this writ petition is filed seeking adequate relief.
Mr. Das, learned counsel for the petitioner and Mr. SP Das, the learned standing counsel for the department submit that under similar facts and circumstances, this court decided WP(C) No. 3294/2018 in Central Institute of Paramedical Technology and Science Society Vs. The State of Assam and Ors. vide order dated 16.09.2019 and held as follows:
"20. From the conspectus of facts narrated above what is discernible is that respondents have not disputed the fact that petitioner society had imparted training to 2501 trainees. What is however contended is that the infrastructure for providing such training was insufficient. Though the vocational training provider of the petitioner society was placed under suspension on 02.01.2015 an amount of Rs. 55,57,280/- was paid to the petitioner society thereafter for the training provided. Govt. of Assam had instructed the Director to take a final decision in the mater one way or the other and thereafter to submit report with utilization certificates because unless utilization certificates are submitted by the Director and thereafter by the Govt. of Assam subsequent funds not be realized by the Central Govt.
21. Thereafter, in the opinion of the Court, withholding of the amount due to the petitioner society by the Directorate of the ground that vocational training provider of the petitioner society is under suspension cannot be justified. More than 4 years have gone by since the suspension order was passed on 02.01.2015 but no final decision has been taken. This has not only adversely affected the Page No.# 4/4 petitioner society but also utilisation of funds by the Directorate itself in the State of Assam.
22. Accordingly and in the light of the above, respondent No. 3 is directed to take a decision regarding suspension of the vocational training provider of the petitioner society and release of the outstanding dues of the petitioner society within a period of 4 (four) weeks from the date of receipt of a certified copy of this order, having regard to the discussions made above.
23. Whatever decision is taken the same shall be communicated to the petitioner as well as to the Govt. of Assam in the Skill, Employment and Entrepreneurship Department.
24. Writ petition is disposed of."
On perusal of the said order dated 16.09.2019 passed in WP(C) No. 3294/2018 I am satisfied that the factual matrix therein are similar to the one pleaded in this writ petition and as such this writ petition is disposed of with a similar direction to the respondent No. 3 to take a decision regarding the suspension of the Vocational Training Provider (VTP) of the petitioner Trust and release all the outstanding dues to the petitioner within a period of 4 (four) weeks from the date of receipt of the certified copy of this order.
JUDGE Comparing Assistant