Orissa High Court
WP(C)/23122/2012 on 3 March, 2021
Author: S. Panda
Bench: S. Panda
W.P.(C ) No.23122 of 2012
42. 03.3.2021 Heard learned counsel for the parties.
By way of this Writ Petition, the petitioner has
sought for a direction to the opposite parties to issue
certificate in favour of successful trainees of the petitioner's
institution and release the training fees and 2nd Phase
Certificate in their favour as per the Skill Development
Initiative Scheme (SDIS) based on Modular Employable
Skills.
The brief facts of the case is that the Government of
India introduced a Scheme called Skill Development Initiative
Scheme (SDIS) based on Modular Employable Skills . The
petitioner's institution was registered as Vocational Training
Provider by the Regional Director, Directorate of
Apprenticeship Training, Ramnath, Hyderabada. After
obtaining necessary registration number from opposite party
no.4-Regional Director, Directorate of Apprenticeship
Training, Ramnath, Hyderabada, the petitioner's institution
started training to the trainees. The assessment period for
the first phase training was March-April, 2010 and 2nd Phase
training was June -July, 2010. The grievance of the
petitioner is that though the result sheet and NCVT
certificate were provided by opposite party no.4 to all
successful trainees of 1st Phase, but no training fees are
released. The 2nd Phase certificate and the training fees are
also pending till date in favour of the trainees of the
petitioner's institution even after completion of the training.
It is submitted that though opposite party no.2 directed
opposite party no.3 to release the payment but neither the
certificate of 2nd phase and the payment of 1st & 2nd phase
have yet been released by the opposite party no.3 in favour of
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successful trainees of the petitioner's institution.
Hence, this Writ Petition.
Learned Additional Government Advocate
appearing for the opposite parties filed counter affidavit and
submits that the first phase of training was held on
10.1.2009 to 12.12.2009 and for the second batch of
January, 2010, no Training Batch Numbers
(TBN)/Assessment Batch Numbers (ABN) were issued to
conduct a training to the petitioner's institution and therefore
issuance of certificate and reimbursement of training fee does
not arise as per SDIS Scheme. It is submitted that opposite
party no.2 vide letter dated 21st October, 2011 has
instructed to verify the authenticity of the bills of the
petitioner's institution relating to the reimbursement of
training costs and assessment fee as per the guidelines
prescribed in the manual. It is also submitted that as per the
verification report of the DTE& T, certain discrepancies were
found in the petitioner's institution and also submits that the
Committees were constituted by the DTE& T, Odisha for
verification of pending bills and the opposite parties also
carried out verification from 1.7.2013 to 12.7.2013 and
submitted two inspection reports of the petitioner's
institution to DTE & T.
Considering the submissions of the learned counsel
for the parties, this Court is of the opinion that the record
reveals that there is several correspondences between the
parties and the opposite parties have not compiled those
documents filed by the petitioner and it seems that there is
lack of coordination between the petitioner and opposite
parties no.2,3 & 4.
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In view of the above and the peculiar facts and
circumstances of the case, this Court observes that since the
petitioner's institution has furnished the documents which
are not yet considered by the opposite parties, we direct the
petitioner along with opposite parties no.2,3 & 4 to sit
together to have a discussion in the matter and opposite
parties no.2,3 & 4 shall afford an opportunity of hearing to
the petitioner and pass a reasoned order on the claim of the
petitioner with regard to the release of the pending bills along
with the issuance of certificate for 2nd phase trainees.
However, the entire exercise shall be completed within a
period of one month from today. For convenience of the
parties, we fix the date of 1st meeting of the parties to
24.03.2021, to be held at Bhubaneswar, in the office of the
opposite party no.3. The petitioner is directed to produce all
necessary documents before opposite parties no.2,3 & 4 who
shall verify the same as per the guidelines prescribed in the
manual and act accordingly.
With the aforesaid observations/directions, the
Writ Petition is disposed of.
Free copy of this order be given to the learned
Additional Government Advocate as well as learned Central
Government Counsel appearing for the opposite parties for
compliance of the order.
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S. Panda, J.
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sp S. K. Panigrahi, J.