Rajasthan High Court - Jaipur
Shri Ram Pvt. Iti vs Director, Technical Education, ... on 11 January, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 947/2019
Shri Ram Pvt. Iti, Dhirwas Bada, Taranagar, Churu Through
Society Sh. Balaji Public School Samiti, Dhirwas Bada, Taranagar
Churu Through Secretary Jai Prakash S/o. Rajkumar R/o.
Rajgarh, District Churu (Raj.)
----Petitioner
Versus
1. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-3420011.
2. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
3. Director (Affiliation) Prashikshan Mahanideshalaya, Skill
Development And Entrepreneurship Ministry, Room No.
105, Ist Floor,cirtus Building, Iari Campus, Poosa, New
Delhi-110012
----Respondents
For Petitioner(s) : Mr. Khurshid Ahmed Khan For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 11/01/2019 It is contended by counsel for the petitioner that the petitioner-Institute was an affiliated institution in accordance with law. De-affiliation process initiated resulted into de-affiliation of the institute vide impugned order dated 13th September, 2018, whereas the admission process as to academic session involved herein commenced on 17th May, 2018.
Thus, the petitioner-Institute could not have been de- affiliated with retrospective implications on the admissions already made. Reference has also been made to an order made on 26 th (Downloaded on 05/06/2021 at 08:53:15 PM) (2 of 2) [CW-947/2019] October, 2018, in the case of Shri Ram Pvt. ITI Limited Vs. State of Rajasthan & Ors.: SBCWP No. 16672/2018, by a Coordinate Bench of this Court at Principal Seat, Jodhpur, observing thus:
"Learned counsel Shri Bishnoi refers to Apendix XX of the statutory Training Manual for Industrial Training Institutes and Centres issued by the Government Ministry of Labour, Government of India and urges that the statutory procedure for deaffiliating the ITIs, etc. was not followed by the competent authority and the de- affiliation order dated 13.09.2016 has been passed in an absolutely casual and per-functory fashion. He thus urges that the impugned order is liable to be quashed and set aside.
Issue notice of the writ petition as well as stay application to the respondents returnable in three weeks.
In the meantime, the petitioner shall be provisionally permitted to upload datas of the students admitted by it on the Portal of NCVT MIS Portal. "
Heard.
Issue notice on writ as well as stay application, returnable within four weeks.
Learned counsel for the petitioner would deposit process fee and take out notice for service on respondents.
Steps be taken within a week.
In the meanwhile, respondents are directed to provisionally allow the petitioner to upload data of the students admitted by the petitioner-Institute on the portal of NCVT MIS Portal. However, it is made clear that process involved and the interim order; shall remain subject to final outcome on this writ application.
List the matter along with SBCWP No.24751/2018.
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