Rajasthan High Court - Jodhpur
Shree Devi Pvt. Iti vs State Of Rajasthan (2023:Rj-Jd:26828) on 24 August, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:26828] (1 of 7) [CW-15332/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15332/2022
Shree Devi Pvt. Iti, (Old Address) Plot No. 1(45), New Halland
Tractor Showroom Ki Gali, New Colony, District Bundi (New
Address) Jodhya Choraha, Tehsil Sikrai, District Dausa Through
Society Shree Devi Shikshan Sansthan, Bundi, District Dausa,
Through Secretary Pappuram Meena S/o Sh. Hazari Lal Meena,
Aged 30 Years, R/o Jodhya Tehsil Sikrai, District Dausa (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur.
2. Director, Technical Education, Rajasthan W-6, Residency
Road, Jodhpur - 342001.
3. The Director, Directorate Of Technical Education, W-6,
Residency Road, Jodhpur (Rajasthan).
4. The Commissioner (See), Commissioner Of Skill,
Employment And Entrepreneurship Department,
Rajasthan Koushal Bhawan, Emi, Campus, J-Ba, Jhalana
Industrial Area, Jaipur.
5. Director General (Affiliation), Prashishan
Mahanideshalaya, Skill Development And
Entrepreneurship Ministry, Room No. 15, 1St Floor, Cirtus
Building, Iari Campus, Poosa New Delhi - 100012.
----Respondents
For Petitioner(s) : Ms. Sara Parveen, on VC assisted by
Mr. Jayram Saran.
For Respondent(s) : Mr. Manish Vyas, AAG assisted by Mr.
Kailash Choudhary.
Mr. Mukesh Rajurohit, Dy. S.G.
assisted by Mr.Prakash Raika.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 24/08/2023 (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (2 of 7) [CW-15332/2022]
1. The present writ petition has been preferred claiming the following reliefs:-
"(i) The impugned letter dated 15.02.2022 (Annex-15) issued by the respondent DGT may kindly be quashed and set aside and restore the letter dated 20.09.2021 (Annex-14) and issue a direction to the department to conduct the inspection and proceed further.
(ii) The Agenda item no. 7.08 of minutes of the 7 th meeting of recommendation committee of DGT held on 27.08.2019 (Annex-22) and letter dated 18.09.2019 (Annex-23) deserve to be declared illegal and set aside.
(iii) The respondent DGT and State Directorate after inspection may kindly be directed to issue affiliation for shifting to the petitioner institution at new location i.e. Jodhya Choraha, Tehsil Sikrai, District Dausa as requested in shifting application Dated 28.02.2020 (Annex-3) and upload the data of the student/trainees of the petitioner institute and allow the student/trainees of the petitioner institute to participate in the upcoming examination.
(iv) Respondents may kindly be further directed to include the name of the petitioner institution in the seat matrix of academic session 2021-22 and subsequent to it and further issued a direction to upload the data of the 120 students/trainees as per the annexure-29 and further permit the student/trainees of the petitioner institution to continue their studies at new location Jodhya Choraha,Tehsil Sikrai, District Dausa.
(v) Petitioner intuition also permitted for assessing the NCVT MIS portal as well as Scholarship portal for uploading the dates of the admitted trainees."
2. The bone of contention in the matter is the shifting of the Industrial Training Institute (ITI) already affiliated for District Bundi to District Dausa.
3. Learned counsel for the petitioner has drawn attention of this Court towards Annexure-11, which was an order passed by a Coordinate Bench of this Hon'ble Court in the case of Shree Devi Pvt. Iti Vs. State of Rajasthan & Ors. (S.B. Civil Writ (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (3 of 7) [CW-15332/2022] Petition No.9214/2021) decided on 23.07.2021, the order of which reads as follows:-
"This writ petition has been filed by the petitioner essentially with the grievance that the respondent Nos.2 and 3 are not inspecting the site of the petitioner-institution where it is proposed to be shifted from old site. It is also submitted in similar kind of controversy, the Delhi High Court has issued a direction to the DGET to inspect the new site where the institution is desirous to shift itself.
In view of the above, this writ petition is disposed of with a direction to the respondent Nos.2 and 3 to carry out the inspection of the new site of the petitioner-institution and shall take a decision in the matter expeditiously within a period of four weeks from the date of production of certified copy of this order.
It is also ordered that the respondent Nos.2 and 3 shall grant access to the NCVT portal within a period of one week."
4. Learned counsel for the petitioner submits that it was upon the respondents to have complied with the said order, and thus, they should have made an inspection and furnished a report, which could have complied with the said order.
5. Learned counsel for the petitioner has also relied upon the judgment of the Himachal Pradesh High Court passed in Civil Writ Petition No.3946/2022, in which, a similar relief has been granted by the Division Bench of the Himachal Pradesh High Court.
6. This Court, after hearing learned counsel for the petitioner at length, finds that the earlier judgment passed by this Court in the case of Smt. Banwari Devi Pvt. ITI Vs. State Of Rajasthan & Ors.(S.B. Civil Writ Petition No. 2363/2022) decided on 05.07.2023 alongwith other connected matters, in which, the shifting of ITI has been dealt with and an order on merits has (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (4 of 7) [CW-15332/2022] been passed whereby the norm, which was agenda No.7.08 of the Instruction 3.5 of the Affiliation Norms for ITIs 6th/7th Meeting of Recommendation Committee DGT held on 27.08.2019 has been dealt with. In the same order, the Court has observed that the agenda No.7.08 of the affiliation norms of ITIs which is in vogue at present has to be allowed and any shifting beyond the municipal limits cannot be permitted, as it violates the rights of the students and the children, who are studying in the said institution. The operative part of the judgment dated 05.07.2023 reads as follows:-
"6. Heard learned counsel for the parties as well as perused the record of the case.
7. At the outset, this Court deems it appropriate to reproduce the relevant portions of Instruction 3.5 of the Affiliation Norms for ITIs Year-2018, Agenda Item No. 7.08 of the 6th/7th Meeting of Recommendation Committee DGT held on 27.08.2019 and the inspection report dated 06.09.2019; the same are reproduced as hereunder:
Instruction 3.5 :
"Instructions for 3.5
i) If any existing institute relocates to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then institute shall be de-affiliated and not be allowed to re-affiliate for minimum period of 3 years from the date of de-affiliation.
ii) While relocating the institute to a new location, institute shall ensure all trainees enrolled complete the training duration and no fresh admissions are admitted.
iii) If any institute relocates without following NCVT norms or prior written approval of the DGT/State Directorate, (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (5 of 7) [CW-15332/2022] criminal proceedings may be initiated against the management of the Institute.
iv) While re-affiliation of the institute, they may utilize all movable existing equipment, machinery, tools etc. The exemption will be given for the following conditions:
All the tax invoices of machinery, equipment and tools shall not be older than 6 months from the date of application." Agenda Item No. 7.08 :
"Agenda Item no.7.08 SHIFTING OF ITI's It was proposed before the committee that shifting of ITIs shall be allowed within the block only, keeping view of mobility of students undergoing training. In case of urban areas, the shifting shall be allowed only within municipal/corporation limits from Session 2019 onwards. After detailed discussion, the committee approved the aforesaid proposal."
Inspection Report dated 06.09.2019 :
"I.T.I. cUn gks xbZ gS A dksbZ Hkh fcfYMax ugha ik;h xbZ A dsoy ,d cksMZ yxk feyk A yksxkssa us crk;k fd ITI dh txg Hotel cu x;k gSA fn;s Mobile No.ij ckr ugha gks ik;h A"
8. This Court observes that the petitioners-Institutes, which were the duly affiliated Industrial Training Institutes, have been granted affiliation by the respondents, for Unit in Trade of Electrician. Thereafter, the application for shifting from old location to the new location were moved by the petitioners, before the respondents. In the meantime, the respondents conducted the routine inspection of ITI Institutes including the petitioner-Institute (in S.B. Civil Writ Petition No. 2363/2022) at the old location, and the same were found closed. Thereafter, the respondent no.5 vide impugned letter dated 17.11.2021, de-affiliated 127 private ITI Institutes in total, in the State of Rajasthan, including the petitioner-Institute w.e.f. August 2021.
9. It is informed by learned counsel for the respondents that the petitioners-Institutes have relocated themselves before obtaining the due approval for that (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (6 of 7) [CW-15332/2022] purpose; the same clearly amounts to violation of the duly prescribed norms.
10. This Court also observes that as per Instruction 3.5 of the Affiliation Norms For ITIs Year-2018, in case any existing institute relocates itself to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then such institute shall be de-affiliated and would not be allowed to get re- affiliation for a minimum period of three years from the date of de-affiliation.
10.1. In the present case, the petitioners-Institutes have not been granted due permission for relocation in question, and therefore, the impugned action of the respondents does not suffer from any illegality or arbitrariness.
11. This Court also observes that as per Agenda Item No. 7.08 of the Affiliation Norms for ITIs Year-2018, the approval for the shifting of the Institute has been allowed only within the block, and in case of the urban area, the shifting shall be allowed only within the Municipal Corporation limits from Session 2019 onward, Therefore, the petitioners-Institutes clearly violated the duly prescribed norms and policies.
12. This Court further observes that in the afore-quoted inspection report, it was clearly stated that the Institute (in S.B. Civil Writ Petition No. 2363/2022) was found closed and at that location, a Hotel was found, instead of an ITI.
13. In light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions.
14. Consequently, the present petitions are dismissed. All pending applications stand disposed of. "
7. This Court finds that the judgment passed in Smt. Banwari Devi Pvt. ITI Vs. State Of Rajasthan & Ors. (Supra) is directly applicable in the present case and any shifting after the new norms, which are in vogued have come into existences by virtue of the agenda No.7.08; the shifting of ITIs contrary to the such agenda cannot be permitted, as it is a well reasoned and (D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) [2023:RJ-JD:26828] (7 of 7) [CW-15332/2022] thought for policy and does not call for any interference of this Court.
8. As far as, the order of this Hon'ble Court dated 23.07.2021 is concerned, this Hon'ble Court had merely directed the respondents on the prayer of the petitioner to decide the issue of shifting without going into the merits of the case, and thus, once the respondents have come out with a stand that they are strictly abiding by Agenda No.7.08, the direction given to the respondents stands completed.
9. Apart from this, as far as the order of Division Bench of Himachal Pradesh High Court is concerned, the Court itself had directed that the order passed by the Division Bench of Himachal Pradesh High Court was in the peculiar facts and circumstances of the instant case and was not to be treated as precedent in future.
10. The attention drawn of this Court to the issue does not call for any indulgence, and thus, the writ petition for shifting of the ITI from District Bundi to Dausa is dismissed, while following the precedent law of Smt. Banwari Devi Pvt. ITI Vs. State Of Rajasthan & Ors. (Supra).
11. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
4-/Jitender//-
(D.B. SAW/764/2023 has been filed in this matter. Please refer the same for further orders) (Downloaded on 12/11/2023 at 04:54:20 AM) Powered by TCPDF (www.tcpdf.org)