Delhi High Court - Orders
Modern Pvt. I.T.I vs Directorate General Of Training on 13 October, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12590/2023 & CM APPL 49620/2023
MODERN PVT. I.T.I. ..... Petitioner
Through: Mr. Murari Kumar and Mr.Achint
Kumar, Advocates
Versus
DIRECTORATE GENERAL OF TRAINING ..... Respondent
Through: Ms. Akanksha Kaul, Sr. Panel Counsel
alongwith Ms. Vidhi Gupta, G.P. and Mr.
Samarpet Chauhan, Advocate
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 13.10.2023
1. The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-
"[a] Issue a writ of certiorari and quash the impugned order dated 21.07.2023 passed by the Respondent vide 10 Minutes of Meeting of "Standing Committee on Accreditation and Affiliation held on 16.06.2023 to 23.06.2023 qua the petitioner institute; and [b] Issue a writ of mandamus and direct the Respondent to grant the affiliation to the Petitioner Institute with respect to additional 6 units in "Electrician trade" and permit the Petitioner to admit trainees against the sanctioned seats and conduct the said course from academic session 2023:
2024, 2024 25; and AND/OR [c] Pass any order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."
2. Learned counsel appearing on behalf of the petitioner, while taking this Court through the additional affidavit, points out that during the pendency of the instant writ petition, vide order dated 09.10.2023, the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:53:06 grading of the petitioner has been upgraded from 3.10 to 5.2 in view of the new grading system introduced by the respondent itself. He, then contends that keeping in mind the directions passed by this Court vide order dated 10.08.2023 in W.P.(C) 8729/2023, this Court may consider to direct the respondents to take the decision with respect to grant of affiliation to the petitioner-institution, as prayed for.
3. He also submits that in terms of the directions passed by this Court in W.P.(C) 8729/2023, the respondent/DGT vide order dated 12.10.2023, granted the concerned ITI, affiliation for the Academic Year 2023-24 while extending the cut off date for admission from 10.10.2023 to 15.10.2023.
4. Learned counsel appearing on behalf of the respondent opposes the submissions made by learned counsel for the petitioner. She submits that the cut off date for grant of admission is 10.10.2023 in all cases and only under the peculiar circumstances in the case of PR Memorial Private ITI, the date was extended for only five days, i.e. upto 15.10.2023.
5. She, further submits that it is already 13.10.2023 and it will take some time to decide whether the petitioner can be granted affiliation. She also submits that it is not only the grading system that alone should be the reason for grant of affiliation but there are other factors which are required to be taken into consideration by the respondent.
6. She, therefore, submits that there is no dispute with respect to the increase of the grading of the petitioner above the threshold requirement and there is no objection against consideration of the case of the petitioner afresh. However, for the Academic Year 2023-24, the petitioner may not be able to admit the students as the original cut off date for admission has already expired on 10.10.2023.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:53:06
7. I have considered the submissions made by learned counsel for the parties and have perused the record.
8. This Court, in W.P.(C) 8729/2023 vide order dated 10.08.2023, has considered an almost similar controversy. Paragraph nos. 2, 3 and 7 of the order read as under:-
"2. The learned counsel submits that after a considerable delay of several years, the said application was rejected by the respondent due to less grading as per the then existing grading system. He further submits that as per the new system of grading, on 12.04.2023, the petitioner-institution was awarded a grade of 4.6 and therefore, is eligible for grant of affiliation for the additional units.
3. Learned counsel appearing on behalf of the petitioner-institution confines his prayer to the extent of directing the respondent to consider his case for affiliation for additional 12 units in Electrician Trade for the Academic Year 2023-24 by taking into account the grade of 4.6 awarded to it by the respondent on 12.04.2023.
7. Under the facts of the present case, without commenting anything on the entitlement of the petitioner or otherwise, this court finds it appropriate to issue following directions:-
(i) Let the case of the petitioner be considered for grant of affiliation, as prayed for the Academic Year 2023-24 within a period of four weeks from today.
(ii) Needless to state that the committee so constituted if recommends any solution in the meantime, the same will be considered by the respondent;
(iii) It is also directed that if within a period of four weeks, no recommendations are provided by the respondent; in that condition, the case of the petitioner-institution will have to be considered on the basis of the grade of 4.6 awarded to the petitioner-institution by the respondent on 12.04.2023."
9. It is also to be noted that in view of the directions passed by this Court, vide order dated 12.10.2023, the respondent has granted affiliation for the concerned trades/units to the petitioners therein and the cut off date for admission was extended from 10.10.2023 to 15.10.2023. The order dated This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:53:06 12.10.2023 passed by the respondent, pursuant to the directions passed by this court reads as under:-
"Sir, In compliance with the Hon'ble High Court order dated 10.08.2023 in CWP 8729/2023, It is informed that the competent authority has recommended affiliation of trades/units w.e.f. session 2023-24 for PR Memorial Private ITI, Lucknow. The details of trades/units recommended are mentioned in the attached list. The affiliation is valid for five years from the date of issue of this order.
2. Affiliation of Trade/Units stated above are further subjected to. (i) The DGT & State officer can inspect the ITI any time for better performance & training (ii) Periodic verification. (iii) The ITI must comply with latest DGT norms/guidelines issued from time to time. (iv) ITI must display the logo of ITI on the display Board at the main gate. 3 . In addition to the above, competent authority has also decided to extend the cutoff date of admission from 10.10.2023 to 15.10.2023 in case of this ITI. Updates on NCVT MIS Portal at
4. The said information is also available under "News & https://ncvtmis.gov.in.
This issues with the approval of competent authority."
10. It is thus seen that since the case of the petitioner is similarly placed, therefore, the same requires to be considered by the respondent for grant of affiliation. The only question that arises for consideration is whether the petitioner can be allowed to take admissions for the current Academic Session i.e. 2023-24.
11. Admittedly, the cut off date for admissions has expired on 10.10.2023, however, the same has been extended in the case of PR Memorial Private ITI upto 15.10.2023. The admission process is not centralised, neither is the same conducted on the basis of any Common Entrance Test. The admissions are made at college level upon fulfilling the eligibility criteria.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:53:06
12. Under the peculiar circumstances of the instant case, this Court deems it appropriate to dispose of the instant petition with the following directions:-
(i) Let the case of the petitioner be considered in view of the fresh grading as expeditiously as possible by the respondent, within a period of seven days from today.
(ii) Depending upon the outcome of the decision to be taken by the respondent, let the appropriate order with respect to the grant or non-grant of affiliation to the petitioner be issued by the said authority.
(iii) If the petitioner is found entitled for affiliation, let the date for admission be extended for at least a period of 5 days from the date of passing of the order of grant of affiliation, so that the petitioner can admit the trainees in the Academic Session 2023-24.
9. Needless to state that while extending the date for admission, the respondent would specifically direct the petitioner to ensure that adequate provisions are made to arrange for the extra classes, if missed by the concerned trainees, so that the admitted trainees do not fall behind on the applicable syllabus.
10. With the aforesaid directions, the petition stands disposed of alongwith the pending application.
11. Dasti.
PURUSHAINDRA KUMAR KAURAV, J OCTOBER 13, 2023 p'ma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2023 at 13:53:06