Rajasthan High Court - Jodhpur
Vikas Pvt. Iti vs State Of Rajasthan on 5 July, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2363/2022
Smt. Banwari Devi Pvt. ITI, (Old Address) Mohan Mandir Cinema
Ke Pass, Kishangarh Renwal, Tehsil Phulera, District Jaipur (New
Address) Near Shri Girraj Dharan Mandir, Agra Road, Dausa,
District Dausa Through Society Bhanwari Devi Education Society,
Govindgarh, Choumu Through Secretary Ram Kishor Saini S/o
Shri Gheesalal, Aged About 43 Years, R/o 177, Near Radha
Bagh, Gayatri Mandir, Choumu, Jaipur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6,
Residency Road, Jodhpur (Rajasthan).
3. The Director Training, Directorate Of Technical Education,
W-6, Residency Road, Jodhpur (Rajasthan).
4. The Commissioner (See), Commissionerate Of Skill,
Employment And Entrepreneurship Department,
Rajasthan, Koushal Bhawan, Emi Campus, J-Ba, Jhalana
Industrial Area, Jaipur.
5. Director General (Affiliation), Prashikshan
Mahanideshalaya, Skill Development And
Entrepreneurship Ministry, Room No. 105, Ist Floor, Cirtus
Building, Iari Campus, Poosa, New Delhi 110012.
----Respondents
Connected With
S.B. Civil Writ Petition No. 18097/2022
Vikas Pvt. ITI, (Old Address) Kharab, Kotputli, District Jaipur
(New Address) Bandikui Road, Sikandra, Tehsil Sikrai, District
Dausa Through Society Vikas Shiksha Samiti, Kotputli, District
Jaipur Through Secretary Rajesh Saini S/o Shri Gangaram
Saini, Aged About 41 Years, R/o Dhani Naya Maliyoki, Jotwara,
District Jaipur (Raj.).
----Petitioner
Versus
(Downloaded on 12/11/2023 at 02:02:02 AM)
(2 of 10) [CW-2363/2022]
1. State Of Rajasthan, Through Director, Directorate Of
Technical Education, W-6, Residency Road, Jodhpur
(Rajasthan).
2. The Commissioner (See), Commissionerate Of Skill,
Employment And Entrepreneurship Department,
Rajasthan, Koushal Bhawan, Emi Campus, J-Ba, Jhalana
Industrial Area, Jaipur.
3. The Director General (Affiliation), Directorate General Of
Training (Dgt), Ministry Of Skill Development And
Entrepreneurship, Government Of India, Room No. 105,
Ist Floor, Cirtus Building, Iari Campus, Pusa, New Delhi -
110012.
4. The Director Of Training, Directorate Of Training (Dgt),
Ministry Of Skill Development And Entrepreneurship,
Government Of India, Room No. 105, Ist Floor, Cirtus
Building, Iari Campus, Pusa, New Delhi - 110012.
----Respondents
For Petitioner(s) : Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. Manish Vyas, AAG assisted by Mr.
Kailash Choudhary.
Mr. Mukesh Rajpurohit, Dy. S.G.
assisted by Mr. Prakash Raika.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment Reserved on 03/07/2023 Pronounced on 05/07/2023
1. Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the factual matrix and prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No.2363/2022, while treating the same as a lead case. (Downloaded on 12/11/2023 at 02:02:02 AM)
(3 of 10) [CW-2363/2022]
2. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:
"It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or directions; (i) the impugned letter dated 17.11.2021 (Annex.11) may kindly be quashed and set aside to the extent of de-affiliation of the petitioner's institution. (ii) the respondents may kindly be directed to conduct the inspection of the petitioner's institution new location located at Near Shri Girraj Dharan Mandir, Agra Road, Dausa, District Dausa, in pursuance of the letter dated 08.05.2020 (Annex.3), 09.07.2020 (Annex.4) and order dated 24.08.2020 (Annex.8) forthwith and (iii) respondents may kindly be further directed to include the name of the petitioner's institution in the seat matrix of session 2022-23 and further permitted the petitioner's institution for taking admission of trainees in coming session of year 2022-23.
Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
Costs of the writ petition may kindly be awarded to the petitioner."
3. As the pleaded facts would reveal, the petitioner-Institute is an Industrial Training Institute (ITI), and had been granted affiliation by the respondent no.5 in the year 2008, which was further renewed from time to time. On 26.08.2019, the petitioner- Institute submitted an application before the respondents for shifting the petitioner-Institute from old address "Near Mohan Mandir Cinema, Kishangarh Renwal, Tehsil Phulera, District Jaipur (Downloaded on 12/11/2023 at 02:02:02 AM) (4 of 10) [CW-2363/2022] (Rajasthan)" to new address "Near Shri Girraj Dharan Mandir, Agra Road, District Dausa (Rajasthan)".
3.1. The respondent no.5 vide letters dated 08.05.2020 and 09.07.2020 directed the respondent no.2 for getting the inspection of the existing ITIs/New ITIs (for addition of Trades/Units or shifting cases), conducted by the Standing Committee, for grant of affiliation. 3.2. Thereafter, the respondent no.2 vide letter dated 05.06.2020 forwarded the recommendation to the respondent no.5 for initiating the de-affiliation proceeding against the petitioner- Institute; pursuant to which, the respondent no.5 issued a show cause notice to the petitioner-Institute on 26.06.2020, stating therein as to why the de-affiliation proceeding against the petitioner-Institute be not initiated, as during the inspection of the petitioner-Institute, it was found closed.
3.3. The petitioner submitted a representation on 30.07.2020 before the respondents for conducting the inspection of the petitioner-Institute (shifted at the new location). 3.4. Subsequently, the respondent nos. 2 & 3 vide order dated 24.08.2020 appointed the State Representative Officer for conducting the inspection of the petitioner-Institute at the new location by the Standing Committee, but as per the petitioner, till date, the respondents have not conducted such inspection. 3.5. On 15.09.2020, the meeting of the 10 th Recommendation Committee of DGET was held, and the minutes were also drawn with regard to the proposal of the State Directorate for de- affiliation of 154 ITI's in the State of Rajasthan, and the same was (Downloaded on 12/11/2023 at 02:02:02 AM) (5 of 10) [CW-2363/2022] considered under Agenda No.10.4 of the minutes of said Meeting; the name of the petitioner-Institute was included at Serial No.62. 3.6. Thereafter, the respondent no.5 vide letter dated 17.11.2021, de-affiliated 127 private ITI's in the State of Rajasthan, including the petitioner-Institute w.e.f August 2021, on the ground that the same were found closed at the time of inspection.
4. Learned counsel for the petitioners-Institutes submitted that the respondents-Directorates appointed the State Representative Officer for conducting the inspection of the petitioners-Institutes (shifted to the new locations), but till date, such inspection has not been conducted; therefore, the impugned action of the respondents is illegal and arbitrary.
4.1. Learned counsel further submitted that the petitioners- Institutes have duly submitted the applications for shifting of the existing ITIs to the new locations; for that reason and as required, the premises of the old ITI (in S.B. Civil Writ Petition No. 2363/2022) was closed; but without taking the same into due consideration, a routine inspection was conducted by the respondents at the old premises of the petitioners-Institutes. 4.2. Learned counsel also submitted that the petitioners applied for shifting their ITIs to the new locations, before inspection in question was conducted; after submission of such application, no candidate was admitted in Sessions 2017 & 2018, but despite the same, the respondents passed the impugned order dated 17.11.2021, which is not sustainable in the eye of law. (Downloaded on 12/11/2023 at 02:02:02 AM)
(6 of 10) [CW-2363/2022]
5. On the other hand, Mr. Manish Vyas, learned Additional Advocate General assisted by Mr. Kailash Choudhary; Mr. Mukesh Rajpurohit, Deputy Solicitor General assisted by Mr. Prakash Raika, appearing on behalf of the respondents, while opposing the aforesaid submissions made on behalf of the petitioners, submitted that the applicable affiliation norms clearly prescribe that in case any institute relocates to a new location without following the norms and without prior approval of the competent authority, such institution shall be de-affiliated, and would not be allowed to get re-affiliation for a minimum period of three years, and criminal proceedings may be initiated against the management of such institute.
5.1. It was further submitted that the routine inspection of the Government and Private ITI's was conducted by the respondents on 06.09.2019 and 07.09.2019, and at the time of such inspection, the petitioners-Institutes, so affiliated, were not found operational at the respective location; rather a Hotel was found running on the inspected location.
5.2. It was also submitted that the petitioners-Institutes committed grave irregularity by changing their location, without obtaining prior approval from the competent authorities, thereby flouted the norms prescribed by the NCVT and DGE&T; therefore, as per learned counsel, the impugned action of the respondents is justified in law.
5.3. It was further submitted that as per the Affiliation Norms for ITI's Year-2018, no existing institute can relocate itself to a new (Downloaded on 12/11/2023 at 02:02:02 AM) (7 of 10) [CW-2363/2022] location without following latest NCTV norms or prior written approval of the DGT/State Directorate.
5.4. It was also submitted that the Recommendation Committee- DGT in its 6th/7th meeting held on 27.08.2019, introduced the Agenda Item No.7.08, stating therein that the shifting of ITIs shall be allowed within the block area only, and in case of the urban areas, the shifting shall be allowed only within the Municipal Corporation limits, from Session 2019 onwards. It was further submitted that the DGT vide order dated 18.09.2019 has implemented the aforesaid recommendations of the Committee; therefore the applications for shifting, as preferred by the petitioners-Institutes, cannot be taken into consideration, for relocating themselves from one district to another, because it runs contrary to the aforesaid guidelines.
6. Heard learned counsel for the parties as well as perused the record of the case.
7. At the outset, this Court deems it appropriate to reproduce the relevant portions of Instruction 3.5 of the Affiliation Norms for ITIs Year-2018, Agenda Item No. 7.08 of the 6th/7th Meeting of Recommendation Committee DGT held on 27.08.2019 and the inspection report dated 06.09.2019; the same are reproduced as hereunder:
Instruction 3.5 :
"Instructions for 3.5
i) If any existing institute relocates to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then institute (Downloaded on 12/11/2023 at 02:02:02 AM) (8 of 10) [CW-2363/2022] shall be de-affiliated and not be allowed to re-affiliate for minimum period of 3 years from the date of de-affiliation.
ii) While relocating the institute to a new location, institute shall ensure all trainees enrolled complete the training duration and no fresh admissions are admitted.
iii) If any institute relocates without following NCVT norms or prior written approval of the DGT/State Directorate, criminal proceedings may be initiated against the management of the Institute.
iv) While re-affiliation of the institute, they may utilize all movable existing equipment, machinery, tools etc. The exemption will be given for the following conditions:
All the tax invoices of machinery, equipment and tools shall not be older than 6 months from the date of application."
Agenda Item No. 7.08 :
"Agenda Item no.7.08 SHIFTING OF ITI's It was proposed before the committee that shifting of ITIs shall be allowed within the block only, keeping view of mobility of students undergoing training. In case of urban areas, the shifting shall be allowed only within municipal/corporation limits from Session 2019 onwards. After detailed discussion, the committee approved the aforesaid proposal."
Inspection Report dated 06.09.2019 :
"I.T.I. cUn gks xbZ gS A dksbZ Hkh fcfYMax ugha ik;h xbZ A dsoy ,d cksMZ yxk feyk A yksxkssa us crk;k fd ITI dh txg Hotel cu x;k gSA fn;s Mobile No.ij ckr ugha gks ik;h A"
8. This Court observes that the petitioners-Institutes, which were the duly affiliated Industrial Training Institutes, have been granted affiliation by the respondents, for Unit in Trade of Electrician. Thereafter, the application for shifting from old location to the new location were moved by the petitioners, before the (Downloaded on 12/11/2023 at 02:02:02 AM) (9 of 10) [CW-2363/2022] respondents. In the meantime, the respondents conducted the routine inspection of ITI Institutes including the petitioner- Institute (in S.B. Civil Writ Petition No. 2363/2022) at the old location, and the same were found closed. Thereafter, the respondent no.5 vide impugned letter dated 17.11.2021, de- affiliated 127 private ITI Institutes in total, in the State of Rajasthan, including the petitioner-Institute w.e.f. August 2021.
9. It is informed by learned counsel for the respondents that the petitioners-Institutes have relocated themselves before obtaining the due approval for that purpose; the same clearly amounts to violation of the duly prescribed norms.
10. This Court also observes that as per Instruction 3.5 of the Affiliation Norms For ITIs Year-2018, in case any existing institute relocates itself to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then such institute shall be de-affiliated and would not be allowed to get re-affiliation for a minimum period of three years from the date of de-affiliation.
10.1. In the present case, the petitioners-Institutes have not been granted due permission for relocation in question, and therefore, the impugned action of the respondents does not suffer from any illegality or arbitrariness.
11. This Court also observes that as per Agenda Item No. 7.08 of the Affiliation Norms for ITIs Year-2018, the approval for the shifting of the Institute has been allowed only within the block, and in case of the urban area, the shifting shall be allowed only within the Municipal Corporation limits from Session 2019 onward, (Downloaded on 12/11/2023 at 02:02:02 AM) (10 of 10) [CW-2363/2022] Therefore, the petitioners-Institutes clearly violated the duly prescribed norms and policies.
12. This Court further observes that in the afore-quoted inspection report, it was clearly stated that the Institute (in S.B. Civil Writ Petition No. 2363/2022) was found closed and at that location, a Hotel was found, instead of an ITI.
13. In light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions.
14. Consequently, the present petitions are dismissed. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J skant/-
(Downloaded on 12/11/2023 at 02:02:02 AM) Powered by TCPDF (www.tcpdf.org)