Delhi High Court - Orders
Amit Itc vs Directorate General Of Training & Anr on 10 December, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~2658 to 2663 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3736/2021 with CM APPLs. 11276/2021 & 42658/2021
AMIT ITC ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
+ W.P.(C) 4007/2021 with CM APPLs. 12087/2021 & 42625/2021
SATYA JANKI DEVI PRIVTAE ITI ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
+ W.P.(C) 4019/2021 with CM APPLs. 12147/2021 & 42642/2021
MODERN ITC ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
+ W.P.(C) 4038/2021 with CM APPLs. 12205/2021 & 42656/2021
SIDDHARTH ITC ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
+ W.P.(C) 4052/2021 with CM APPLs. 12242/2021 & 42648/2021
BHASKAR PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
+ W.P.(C) 7207/2021 & CM APPL. 42655/2021
SAITECH PRIVATE ITI ..... Petitioner
versus
DIRECTORATE GENERAL
OF TRAINING & ANR. ..... Respondent
Present: Mr. Sanjay Sharawat, Advocate for the petitioners.
Signature Not Verified
Digitally Signed W.P.(C) 3736/2021 & connected matters Page 1 of 6
By:SHITU NAGPAL
Signing Date:11.12.2021
23:58:40
Ms. Bihu Sharma and Mr. Abhinav Mukerji, Advocates for
R-2 (9811055406) in item nos. 2658-2662.
Ms. Shubhra Parashar and Mr. Virender Pratap Singh
Charak, Advocates for R-1/DGT in item no. 2663.
Mr. Pankaj Kumar Giri, Employment Officer, Directorate of
Employment and Training, State of Jharkhand in item No.
2663.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 10.12.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
W.P.(C) 3736/2021 with CM APPLs. 11276/2021 & 42658/2021 W.P.(C) 4007/2021 with CM APPLs. 12087/2021 & 42625/2021 W.P.(C) 4019/2021 with CM APPLs. 12147/2021 & 42642/2021 W.P.(C) 4038/2021 with CM APPLs. 12205/2021 & 42656/2021 W.P.(C) 4052/2021 with CM APPLs. 12242/2021 & 42648/2021
1. The petitioners are all industrial training institutes ["ITIs"] located in the State of Bihar. Their grievance relates to shifting of some of the trainees included in a particular shift for the 2019 session to a different shift. According to the petitioners, the data pertaining to some of the trainees of the 2019 admission session is reflected in the portal of the respondent-Directorate General of Training ["DGT"] in the wrong shift, which in turn has disabled them from entering the data of the trainees admitted in 2020 against their proper shifts.
2. These petitions have been pending in this Court for a relatively long time. The cause of the error which led to the trainees being shown in the wrong shift is disputed. Various orders have been passed in order to Signature Not Verified Digitally Signed W.P.(C) 3736/2021 & connected matters Page 2 of 6 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 give the DGT and the respondent-State Directorate of Training, Bihar ["State Directorate"] an opportunity to propose some modalities by which the matters can be resolved. Unfortunately, that has not come about.
3. It was noted in the order dated 23.03.2021 that there has been considerable correspondence between the petitioner, the DGT, the State Directorate and Wipro Limited ["Wipro"], which has been entrusted with the maintenance of the NCVT-MIS portal on behalf of the DGT. The correspondence demonstrates that the DGT was agreeable to shifting of the trainees and, in fact, instructed Wipro to do so. A communication dated 13.08.2020 addressed by the DGT to Wipro is on record in W.P(C) 3736/2021 [Annexure P-8].
4. On 03.08.2021, it was further noted that that the DGT has taken the position that change in the shift/unit cannot be permitted once hall tickets have been generated. However, the DGT also stated that if the institution wishes to change the shift/unit, a letter from the State Directorate is required to process it. Learned counsel for the State Directorate was directed to take instructions as to whether the State Directorate has any objection in this regard.
5. Affidavits have since been filed by the State Directorate, in which the main contention is that it is bound by the directions/guidelines of the DGT in this regard, and that any such error can be rectified only by the DGT and not by the State Directorate. Ms. Bihu Sharma, learned counsel for the State Directorate, points out that in paragraph 8 of the said affidavit, the State Directorate has mentioned that the exercise of uploading the data for the admissions for the year 2019 was undertaken by the State Directorate, and there was no provision in the said link/portal Signature Not Verified Digitally Signed W.P.(C) 3736/2021 & connected matters Page 3 of 6 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 to correct name or the shift.
6. As far as the DGT is concerned, the documents annexed to the writ petitions show that the erroneous data appears on the NCVT-MIS portal, which is maintained by the DGT. The data is migrated to the NCVT-MIS portal only after verification by the State Directorate. Ms. Sunieta Ojha, learned counsel who appears for the DGT in W.P.(C) 4052/2021,, however, submits that the exercise of shifting the data has to be done by the State Directorate and not by the DGT.
7. What emerges from the above is that neither the DGT nor the State Directorate appear to have any substantive objection to the petitioners' request, but there is some controversy as to the agency responsible for implementing it. Even assuming that the error in the 2019 data has crept in due to a mistake on the part of the ITIs, I am of the view that it would be unduly harsh to leave the trainees of the admission session 2020 in a situation where their data cannot be uploaded, and they cannot complete their examinations as a result of this error.
8. In the circumstances aforesaid, the DGT is directed to ensure that the data which has been wrongly uploaded is corrected. In the event the DGT requires the State Directorate to conduct any further verification or to conduct the exercise of shifting of the data, it will provide the technological tools to enable the State Directorate to do so. This exercise be completed within the next one week.
9. After this exercise is completed, the portal will reflect the required vacancies in order for the petitioners to upload the data of the trainees they have admitted for the next session. The petitioners will thereafter upload the data of the 2020 trainees on the NIMI portal within 48 hours.
Signature Not Verified Digitally Signed W.P.(C) 3736/2021 & connected matters Page 4 of 6 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40As the data of the 2020 trainees is being uploaded for the first time, the State Directorate will have to conduct the exercise of verification and only after that their data will be ready for migration to the DGT's NCVT- MIS portal.
10. In another connected batch of petitions, being W.P.(C) 13973/2021 and connected matters [Safdar Hashmi Private ITI vs. Directorate General of Training and Anr.], the DGT has taken cognizance of the problem regarding verification of the trainees' data for the ITIs in the State of Bihar, and has proposed a solution whereby the data can be verified and migrated to the NCVT-MIS portal by the end of the December, 2021. The DGT proposes to reopen the portal for a short period for this purpose. As the first year examinations for the 2020 batch are scheduled to start on 13.12.2021, the DGT has proposed to hold another round of examinations for the trainees whose data is yet to be verified and uploaded.
11. By an order passed today, i.e. 10.12.2021, in W.P.(C) 13973/2021 and connected matters, the aforesaid proposal has been accepted and further directions have been given for the verification of data, migration to the NIMI portal, and holding of examinations. I am of the view that this same process would take care of the trainees who are covered by the present order also.
12. It is, therefore, directed that, after the correction of the 2019 data, uploading and verification of the 2020 data (in terms of paragraphs 8 and 9 above), the NIMI portal team of the DGT will migrate the data to the NCVT-MIS portal. This will enable the trainees to download their hall tickets and take the examinations alongwith the 6042 trainees covered by Signature Not Verified Digitally Signed W.P.(C) 3736/2021 & connected matters Page 5 of 6 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40 the order passed in W.P.(C) 13973/2021. The directions contained in the said order will apply mutatis mutandis to these petitions also.
13. The writ petitions, alongwith the pending applications, are disposed of in these terms.
W.P.(C) 7207/2021 & CM APPL. 42655/2021
1. In W.P.(C) 7207/2021, the ITI is situated in the State of Jharkhand. Mr. Pankaj Kumar Giri, Employment Officer, Directorate of Employment and Training, State of Jharkhand is present through video conferencing, and accepts that the matter is identical to the matters concerning the State Directorate of Bihar. The same directions will, therefore, apply to this writ petition also.
2. The writ petition, alongwith the pending application, is disposed of in terms of the order passed in W.P.(C) 3736/2021 and connected matters.
PRATEEK JALAN, J DECEMBER 10, 2021 'hkaur' Signature Not Verified Digitally Signed W.P.(C) 3736/2021 & connected matters Page 6 of 6 By:SHITU NAGPAL Signing Date:11.12.2021 23:58:40