Karnataka High Court
Bhairava Charitable Trust (R) vs The State Of Karnataka on 17 April, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17th DAY OF APRIL, 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
W.P. NO. 11642/2018 (EDN-EXAM)
BETWEEN
1. BHAIRAVA CHARITABLE TRUST (R)
BYADIGERE
GUBBI TALUK
TUMKUR DIST-572 219
REPRESENTED BY ITS SECRETARY
SRI B S YOGANANDA
2. SHRI MARUTHI INDUSTRIAL
TRAINING INSTITUTE
TIPPU CIRCLE, GUBBI
TUMKUR DIST-572216
REPRESENTED BY ITS SECRETARY
SRI. B. S. YOGANANDA
... PETITIONERS
(BY SRI. R.P. SOMASHEKHARAIAH, ADV.,)
AND
1. THE STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF SECRETARY
MINISTRY OF SKILL DEVELOPMENT
VIDHANASOUDHA
BANGALORE-560001
2. THE COMMISSIONER
DEPT OF EMPLOYMENT AND TRAINING
BANNERGHATTA ROAD
BENGALURU-560029
Date of Order: 17-04-2018 W.P.No.11642/2018
BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs.
THE STATE OF KARNATAKA AND OTHERS
2/15
3. THE JOINT DIRECTOR(TTC)
DEPT OF EMPLOYMENT AND TRAINING
BANNERGHATTA ROAD
BENGALURU-560029
4. THE ASST. COMMISSIONER
TUMKUR SUB DVN
TUMKUR-572 219.
... RESPONDENTS
(By SMT. SHWETHA KRISHNAPPA, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO ACCEPT THE EXAMINATION FEE FROM THE
PETITIONERS IN RESPECT OF THE PETITIONER INSTITUTION
PERTAINING TO THE ITI EXAMINATION FOR FITTER AND
ELECTRICIAN FOR THE YEAR 2014-16 AND 2015-17
RESPECTIVELY VIDE ANNEXURE-C, DTD. 23.02.2017
SUBMITTED TO THE RESPEONDENT NO.4 BY COLLECTING
NECESSARY FINE IF ANY.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Mr. R.P. Somashekharaiah, Adv. for Petitioners Smt.Shwetha Krishnappa, AGA for Respondents The petitioners-Institutions are Industrial Training Centers, who have approached this Court by way of this writ petition with the following prayers:
Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 3/15 therefore, it is prayed that this Hon'ble Court may be pleased to issue:
a) writ of mandamus directing the
respondents to consider the
representation of the petitioner
dt.14.12.2017 to continue the
affiliation for a period of 5 years in accordance with the Management Manual for ITI, which has been clarified by the State Government in the Sessions dated 18.11.2015 under Ann-H & K;
b) direction directing the respondents to conduct the ITI examination for the academic year 2014-16 and 2015-17 for fitter and electrician by collecting necessary fine as per the report submitted by the respondent No.4 dtd.23.2.2017 under Ann-C as early as possible and the Circular dt.23.8.2016 issued under Annexure- D;
c) Issue any other appropriate writ, order or direction as deemed fit, under the Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 4/15 facts and circumstances of the above case, in the interest of justice and equity.
2. This Court, in W.P.Nos.41534/17 and 37773- 37913/2017 and connected cases (UNITED PRIVATE INDUSTRIAL TRAINING INSTITUTE AND OTHERS v/s THE STATE OF KARNATAKA AND OTHERS) decided on 02.04.2018, has held as follows:
The learned counsel for the petitioner Mr.R.P. Somashekharaiah has urged before the Court that in terms of Circular dated 23.08.2016, in vernacular language, which he translated instantly for the benefit of the Court during the course of the arguments, the State had directed the concerned Institutions -
SCVT to verify the credentials, infrastructures and genuineness of the petitioner-Institutions who have run the said course for Industrial Training for the various students and if they are found to be in order, the SCVT was to conduct the Examination for the batch of the Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 5/15 students, who are alleged to have undertaken the requisite training from these Institutions.
He submitted that the Representations of the petitioner-Institutions were pending with the concerned authorities for quite sometime and therefore, in the absence of such verification, the petitioner-Institutions were constrained to approach this Court by way of these writ petitions, interalia, also seeking to protect the interest of the students who have undergone the Industrial Training Course in their Institutions.
Per contra, the learned counsel for the Respondent-State Mr.E.S. Indiresh has brought to the notice of the Court, the affidavit filed by Director of Department of Employment and Training, Bengaluru, one Ms.Jyothi K. w/o Mr.T.G.Sreedhara, who in her Affidavit dated 06.12.2017 in W.P.Nos.37773- 913/2017 (Dayananda H.N. & 140 Others (students) vs. State of Karnataka & Others), has submitted that 42 such Institutions were permitted to take up the Examination, but remaining 43 Institutions, in Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 6/15 which the present petitioner-Institutions also fall, were not permitted, as the Government had rejected their cases. It was stated in the said Affidavit in Para-6 that the Government had rejected the cases of such Institutions on various grounds, such as Students having not undergone the training, some Institutions were permanently closed, non-availability of Admission Registers, Teachers Records, Practical Models etc., In substance, the petitioner-Institutions were rejected because they did not come up to the standard of education supposed to have been provided by them to the Students to undertake the Examinations conducted by the SCVT upon completion of such course.
In the aforesaid W.P.Nos.37773- 913/2017, refusing the Interim Relief to the Students of these courses, who alleged to have undertaken such courses in the rejected Institutions aforesaid, the co-ordinate Bench of this Court has passed the following Interim Order on 28.08.2017 refusing to grant any interim prayer and the relief to the Students Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 7/15 for the following reasons. The said order dated 28.08.2017 is quoted below for ready reference:
"Heard the learned counsel for the petitioners and the learned Addl. Advocate General Sri. A.G. Shivanna.
The petitioners claim that they are students of the institution arrayed as respondents No.5 to
8. It is submitted by the learned counsel for the petitioners that inspections have taken place and they were also granted affiliation and the inspection reports are produced at Annexure-H, J & K to the writ petition. That the Inspection Committee have vide the inspection reports, though have not recommended for affiliation of the institutions, it has recommended that the students who have been admitted may be permitted to take up exam provided the University Rules and Regulations permits the same.
Per contra, the learned Addl. Advocate General would submit that the institutions have not submitted the list of students for approval of their admission. It is seen that the students claim to have got themselves admitted in the academic year 2014-15. It is seriously disputed that the list of students admitted to the institutions has been Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 8/15 forwarded to the authorities for approval. In the absence of such a list, the learned Addl. Advocate General would submit that it would be difficult for the respondent-authorities to examine the veracity of the petitioners claim, as to whether they have really been admitted to the institutions or not and as to whether they have undergone any training. He would further submit that the examinations have commenced from today and also considering the fact there are several thousands of such students, if an interim order is granted, it would open flood gates, resulting in serious complications and may even lead to the eventuality of canceling of the ongoing exams. He would further submit that in the event the claims of the students are found to be true and correct, the respondent-state would instruct the respondents to conduct separate exam in respect of those students whose claims can be verified. This submission of the learned Addl. Advocate General is placed on record.
It is seen that the examinations have already commenced and thousands of students have approached this institution at the last moment. If at this juncture an interim relief as sought for is granted, it would be impossible for the respondents to comply with the same as the Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 9/15 exams include practical exams also and it may not be possible for the authority to arrange the same. As rightly pointed out by the learned Addl. Advocate General, it may not be possible for the authorities to mobilize the required infrastructure like invigilators, machinery, evaluators etc. at short notice and hence, this court does not find any ground to entertain the plea for grant of interim relief at this late juncture.
This court is of the opinion that these are cases which require expeditious hearing in order to enable the petitioners to know about to what the future holds out for them so as to enable them to chart out their future course of action. Hence, statement of objections by 06.09.2017.
Post these matters for disposal on 08.09.2017 at 2:30 pm".
However, in the other batch of writ petitions filed by the petitioner-Institutions, another co-ordinate Bench of this Court in pursuance of the previous Interim order passed in the aforesaid writ petitions filed by the Students, directed the State Government to file an Affidavit categorizing the Colleges regarding their affiliation, inspection, submission of list of students for approval of Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 10/15 admissions etc. That order was passed on 28.11.2017 and consequently, another co- ordinate Bench of this Court passed the order on 15.03.2018 in W.P.No.41534/2017 that since the details as aforesaid indicated in the order dated 28.11.2017 were to be furnished by the Respondent State in appropriate Tabular form, as the status of each of the petitioners is different with regard to the approval and other aspects, the Affidavit to that effect may be filed within two weeks and in the meanwhile, the learned counsel for the petitioners were also directed to take note of the office objections in some of the petitions and comply with the office objections. That is how, such batch of writ petitions are placed before this Court today on 02.04.2018.
Having heard the learned counsels for the parties at some length, this Court is of the considered opinion that interference by this Court at this incomplete stage without verification of the status of the petitioner-ITI Institutions, would be premature and Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 11/15 cumbersome. Such premature interference by Courts at such stages may actually cause more harm than doing good under the guise of interest of the Students sought to be protected. Such Institutions which did not obviously have adequate infrastructure and had certain other defects and deficiencies in them, which resulted in their rejection from the list of approved Institutions to have undertaken and provided the ITI courses to the Students, obviously, put the future of such students at great stake and even though, they were not entitled to provide such courses with their adequate infrastructure in places, they undertook such courses and even purportedly having completed these courses for the students, at the fag end of the course have sought Court's interference by directing the State Authority to provide the permission for such students to undertake such Examination, even though they might not have undertaken such courses in correct perspective with their inadequate infrastructure.
Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 12/15 The question of verification of the existence of the adequate infrastructure is in the realm of individual facts to be verified by the competent Authorities of the State and in the writ jurisdiction obviously, the court cannot undertake or supervise or monitor this kind of verification process. The fact remains that these Institutions after verification once, were found to be ineligible and were rejected or not approved as fit for providing ITI courses to the students whom they enrolled. Ex-post facto of their rejection, they have approached the concerned authorities for re-verification of facts in terms of the aforesaid Circular issued by the State on 23.08.2016.
Whether such Institutions have filed their representations or not, whether adequate evidence for satisfying the competent authorities about their fulfillment of the requisite standards or requirements, are all individual facts obtaining for such Institutions and therefore, the concerned authorities who are given this responsibility under the Circular issued by the State Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 13/15 Government on 23.08.2016 are supposed to take this re-verification process.
From the materials placed on record, obviously, such process is not yet completed, even though the petitioner-Institutions might have approached these authorities by way of representation, unless such verification process is completed to the satisfaction of the concerned authorities and the petitioner- Institutions were found to be eligible to provide the said course for the students, this Court obviously cannot mandate the concerned Examination body namely, SCVT to allow the students of these rejected Institutions also to undertake the final Examination.
Therefore, these writ petitions are obviously premature and without proper foundation laid before this Court at this stage. Any misplaced sympathy with the Students, can cause more harm than good not only to the students but to the educational system as a whole relating to these Industrial Training Courses. This court would not allow any Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 14/15 illegality to be perpetuated, through the use of the Court process under the writ jurisdiction.
Therefore, these writ petitions are disposed of with liberty and direction to the petitioner-Institutions to approach the concerned authorities and if they have already approached them, to pursue their case before the concerned authorities in terms of the aforesaid Circular issued by the State Government on 23.08.2016 and until a positive verification in their favour is done, no such directions as prayed for by allowing the students of these Institutions to undertake the Examination to be conducted by the SCVT can be issued.
The writ petitions are accordingly disposed of and the authorities concerned are expected to proceed expeditiously in the matter. No costs.
3. The writ petitions are disposed of as agreed by both sides, in terms of the W.P.Nos.41534/17 and 37773-37913/2017 and connected cases cited supra Date of Order: 17-04-2018 W.P.No.11642/2018 BHAIRAVA CHARITABLE TRUST (R) AND ANR Vs. THE STATE OF KARNATAKA AND OTHERS 15/15 and the authorities concerned are expected to proceed expeditiously in the matter. No costs.
Sd/-
JUDGE bnv