Karnataka High Court
Smt. Jayalakshmi A J vs The Controller on 5 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 05TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.7509 OF 2020 (EDN-RES)
BETWEEN:
SMT. JAYALAKSHMI A J
D/O JANARDHAN ACHARI
AGED ABOUT 38 YEARS
R/O NO.312, 2ND CROSS
III PHASE, NEAR MUKHTIDHAMA
VIJAYANAGAR IV STAGE
BELAVADI POST
MYSORE - 570 018.
...PETITIONER
(BY SRI.P. SREEDHARA., ADVOCATE)
AND:
1. THE CONTROLLER
STATE BOARD EXAMINATION
DEAPRTMENT OF INDUSTRIAL
TRAINING AND EMPLOYMENT
NEAR I T I, DAIRY CIRCLE
BENGALURU - 560 029.
2. THE PRINCIPAL
GOVERNMENT INDUSTRIAL TRAINING INSTITUTE
SENIOR COLLEGE ROAD
MADIKERI - 571 201.
3. THE DIRECTORATE GENERAL OF TRAINING (DGT)
NATIONAL COUNCIL OF VOCATIONAL
EDUCATION & TRAINING
B2, PUSA ROAD, NORTH EXTENSION AREA
2
RAJINDRA NAGAR NEW DELHI
DELHI - 110 005.
4. THE SECRETARY
MINISTRY OF LABOUR & EMPLOYMENT,
GOVT. OF INDIA
SHRAM SHAKTI BHAWAN, RAFI MARG
NEW DELHI - 110 001.
...RESPONDENTS
(BY SMT.SWETHA KRISHNAPPA, AGA FOR R1 & R2;
SRI. KUMAR M.N, CGC FOR R3 & R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS PARTICULARLY THE R-3 TO
ISSUE THE NATIONAL TRADE CERTIFICATE IN TERMS
OF THE CLAUSE INCORPORATED IN PROVISIONAL
NATIONAL TRADE CERTIFICATE DATED 31.3.2001 AS
PER ANNEXURE-A FORTHWITH.
THIS W.P. COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
In this petition, the petitioner has sought for a direction to the respondents, in particular the respondent No.3 - the National Council for Vocational Training (NCVT) to issue the National Trade Certificate in terms of the clause incorporated in the Provisional 3 National Trade Certificate dated 31.03.2001 vide Annexure-A issued by the respondent No.2 and for other reliefs.
2. Heard learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 and 2 and learned Central Government Counsel for respondent Nos.3 and 4. Perused the material on record.
3. The material on record discloses that pursuant to the petitioner completing I.T.I. in Electronic Mechanical trade in July 2000, the respondent No.1 - State issued an online application for the post of Tradesman - C with ITI, she was called upon to produce National Trade Certificate issued by the respondent No.3
- NCVT and since the respondent No.3 did not take necessary steps to do so despite submission of representation dated 25.10.2019 by the petitioner, she is before this Court by way of the present petition.
4. Per Contra, the learned Additional Government Advocate in addition to reiterating the 4 various contentions urged in the Statement of Objections also invites my attention to the Statement of Objections in order to point out that the respondent No.1 can issue National Trade Certificate to the petitioner for having completed the training with the respondent No.2 - Institution. In addition thereto, learned Additional Government Advocate invites my attention to the order passed by Co-ordinate Bench of this Court in R.Ramesha and Others Vs. The State of Karnataka and Others1 and submits that even the present petition can be disposed of in terms of the said order.
5. Learned Central Government Counsel for the respondent Nos.3 and 4 submits that the Management Manual For Industrial Training Institutes provides for Trade Testing and Certification and the Certificate is to be issued in favour of the petitioner and similarly situated person/student in terms of the said provisions of the manual.
1 W.P.Nos.22036/2009 & 28379-385/2009 (EDN-RES) dated 13.08.2014 5
6. The material on record discloses that undisputedly, the petitioner had completed her I.T.I. course in Electronic Mechanical trade in July 2000 and a Provisional National Trade Certificate dated 31.03.2021 had already been issued in her favour. So also, in the case of R.Ramesha and Others (supra) under identical circumstances, this Court has passed the following order:
"The petitioners are before this Court seeking for issue of mandamus to direct the respondents to issue valid certificate of training by considering the representations filed by the petitioners.
2. The brief facts are that the petitioners after completing their Pre-University course had joined the job oriented courses conducted by the Directorate of Employment and Training. The petitioners have thereafter completed the course under different trades for which the certificates are relied on at Annexures-B to J. The certificates issued are under 'SCVT Scheme'. The grievance of the petitioners is that based on such certificate when they had made attempts to secure employments, they were directed to obtain the National Trade Certificates issued by 'NCVT'. It is in that circumstance, the petitioners are before 6 this Court seeking that they be granted the National Trade Certificates in respect of the courses that they had completed through the Department of Employment and Training, State Board of Examination.
3. Considering that the claim of the petitioners is for issue of National Trade Certificates to be recognised by the National Council for Medical Training, the stand taken by respondent No.5 would be relevant for consideration. In the objections, it has been contended that respondents No.1 to 4- institution wherein the petitioners had undertaken their courses were granted affiliation with effect from February 2007. Since the admissions were made to the trade in the year 2004, the petitioners herein would not be entitled to the National Trade Certificates to be issued by the NCVT but would be entitled to the certificates to be issued by the SCVT, Karnataka which has already been issued to the petitioners. Respondent No.5 has also referred to the order dated 02.08.2005 passed by a Hon'ble Division Bench of High Court of Kerala wherein a similar issue was considered and the Court on taking note of the Regulations had arrived at the conclusion that a certificate prior to the date of the affiliation cannot be issued. In that view, respondent No.5 contends that the prayer as made by the petitioners as against them cannot be granted.7
4. Respondents No. 1 to 4 have also filed their objection statement. On the legal aspect with regard to entitlement being after the date of affiliation is not seriously in dispute. Respondents No. 1 to 4 have sought to explain that though the provisional certificates relied on by the petitioners as at Annexures- L to N had been issued, the same was in a circumstance that the certificates which were available with them had been granted to them. But in any case, such certificates have been issued by SCVT and not by the SCVT and therefore, the petitioners cannot claim any right in that regard. Respondents No. 1 to 4 would however explain that the certificate to be issued by NCVT is the entitlement of the petitioners and such certificates in addition to the marks card, if need be would also be issued.
5. In the light of the rival contentions, the nature of the course undertaken by the petitioners and the same having been undergone by the petitioners during the periods August 2004 to July 2005 is the admitted position. It cannot also be in dispute that the NCVT under respondent No.5 has granted the affiliation in respect of the said trades in the year 2007. Since the entire issue boils down to this aspect, the only question for consideration is as to whether the petitioners can still insist that respondent No.5 through NCVT is required to issue a National 8 Trade Certificate to the petitioners in respect of the courses undertaken by them. The Regulations relating to the same has been extracted in extenso in the order of the Hon'ble Division Bench of Kerala High Court in W.P.(C)No.15667/2005 dated 02.08.2005. A perusal of the Regulations would indicate that the affiliation is granted from prospective dates and there is no provision to grant affiliation to any trade/units with retrospective dates. In the light of the said Regulations, the Hon'ble Division Bench has also categorically held that the NCVT would not be bound to issue the National Trade Certificates in respect of the trades that have not been affiliated to it. Since the said position has already been clarified, the case of the petitioners herein seeking issue of National Trade Certificates by NCVT through respondent No.5 cannot be accepted. The mandamus in that regard therefore cannot be issued to respondent No.5. However, considering the fact that the course is undertaken by the petitioners under the SCVT, in addition to the marks sheet that has been issued and produced along with the petition, if any other appropriate certificate in that regard is to be issued, respondent No.4 shall take steps for issue of such certificates to the petitioners on they approaching respondent No.4 along with a copy of this order.9
In terms of the above, the petitions stand disposed of."
7. It is also relevant to note that the respondent No.3 in its Statement of Objections has stated as under:
"5. The Petitioner has contended that, she studied I.T.I., Electronic Mechanic Trade in Industrial Training Institute, Madikeri, during the period August, 1998 to July, 2000 and prayed for a direction to issue the National Trade Certificate, which is contrary to records as the Industrial Training Institute, Madikeri, arrayed as respondent Nos.2 in the above writ petition, is a State Government Industrial Training Institute. The petitioner studied during 1998-2000 Academic Session, during the said period, though the said institute was affiliated to NCVT, Electronic Mechanic Trade was not affiliated, which was affiliated only in the year 2006 (First Unit) and 2007 (Second Unit).
6. The Department of Employment and Training, State Board of Examinations, under Crafts man Training Scheme was issued a certificate to petitioner as Provisional National Trade Certificate and further stated that, the National Trade Certificate will be issued by NCVT, Ministry of Labour, Government of India, which is not applicable to the petitioner as the Industrial Training Institute, Madikeri, was not affiliated to NCVT for 10 Electronic Mechanic Trade during the period August, 1998 to July, 2000. Hence, the petitioner is not entitled for National Trade Certificate (NTC), but entitled only for State Trade Certificate (STC), which shall be issued by the respondents No.1 and 2. Further, Department of Employment and Training, State Board of Examinations has no authority for issuing Provisional National Trade Certificate and National Trade Certificate will be issued by NCVT, Ministry of Labour, Government of India in respect of Electronic Mechanic Trade in the Industrial Training Institute, Madikeri which was not affiliated to NCVT, during relevant period."
8. Further, in the aforesaid manual, the provisions relating to Trade Testing and Certification are as under:
All-India Trade Tests are conducted by the DGE&T, Ministry of Labour under the aegis of the National Council for Vocational Training in July and January every year for various examinations.
The trainees of affiliated Institutes/trades and eligible private candidates appear in the trade tests. National Trade Certificates are awarded to the successful candidates.
National Trade certificate is a recognised qualification for recruitment to relevant 11 posts and services in Central/State Government establishments."
9. In view of the aforesaid facts and circumstances and the decision of this Court in R.Ramesha and Others (supra) coupled with the statements made on behalf of the respondents and the objections filed by the respective respondents, I am of the considered opinion that the petition deserves to be disposed off directing the concerned respondent Nos.1 and 2 to issue State Trade Certificate in favour of the petitioner within a stipulated time frame.
In the result, I proceed to pass the following:
ORDER
a) The petition is hereby disposed off in terms of the decision of this Court in R.Ramesha and Others Vs. The State of Karnataka and Others (supra).
b) The concerned respondent Nos.1 and 2 are hereby directed to issue the State Trade Certificate in favour of the petitioner 12 bearing in mind the observations made above as expeditiously as possible and at any rate within a period of four [4] weeks from the date of receipt of a copy of this order.
c) Liberty is reserved in favour of the
petitioner to submit additional
representation and documents to the
concerned respondent Nos.1 and 2, who shall proceed further in terms of this order as stated supra.
Sd/-
JUDGE RB