Rajasthan High Court - Jaipur
Sunita Industrial Training Centre vs State (Tech Education Dep)Ors on 19 February, 2013
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER 1. Chitransh Industrial Training Center Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.11622/2011) 2. Carrier Development Industrial Training Center Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.12958/2011) 3. Sunita Industrial Training Center Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.12031/2011) 4. Chhatrapati Shivaji Industrial Training Center Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.12998/2011) S. B. Civil Writ Petitions under Article 226 of the Constitution of India. Date of Order: February 19 , 2013. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Mr. Mahendra Goyal] for the petitioners. Mr. K.C. Sharma ] Mr. S.N. Kumawat, Addl. Advocate General with Mr. S.C. Purohit, for the State. Mr. Kunal Rawat, for respondent NCVT. BY THE COURT:
These writ petitions involve identical issue and are being disposed of by a common order. Writ petition No.11622/2011 is being treated as the lead case for the purpose of facts and background of the cases which are quite similar.
The petitioner is a private Industrial Training Center duly affiliated with and approved by the National Council for Vocational Training (hereinafter `the NCVT'), the central body overseeing Vocational Education and entitled to grant such affiliation. The NCVT and the department of Technical Education during the period of the petitioner's affiliation carried out a number of inspections of the petitioner institute and never found any major deficiency or irregularity, and if any minor deficiency was found, on such deficiency being conveyed it was rectified by the petitioner institute.
The State Government on or about 25-7-2011 issued a new admission policy dated 15-7-2011 for admission to ITIs duly approved by the NCVT and run by affiliated and approved institutions. In pursuance of new admission policy circulated by the State Government, the petitioner institute applied to the Director Training, Technical Education Rajasthan for inclusion of its name in the list of eligible institutes which would entitled to grant admission into approved trades. The last date for the admission into the eligible institutes detailed by the Directorate of Technical Education, in respect of approved trades for the Session 2011-12 was 30-8-2011. In the list of private institutes, entitled to grant admission to eligible students into approved trades with NCVT affiliation, the name of petitioner institute was excluded by the Directorate of Technical Education in spite of a current and subsisting affiliation by the NCVT.
The case of the petitioner institute is that before the exclusion of its name from the list of eligible private institutes, entitled to grant admission to eligible students, no show cause notice was issued to the petitioner and obviously no opportunity was granted to the petitioner institute such that it could defend itself against the alleged irregularity/ lacunas owing to which its name was excluded from the list of eligible private institute entitled to grant admission to eligible students. It has been submitted that the petitioner institute had been granted permanent affiliation and approval by the NCVT which had never been cancelled or the petitioner institute even been put to show cause notice for the purpose. Submission of the counsel is that the exclusion of name of the petitioner institute affiliated to NCVT from the list of eligible private institutes, entitled to grant admission to students in respect of approved trades/ courses, is plainly arbitrary, capricious, and in violation of principles of natural justice, and therefore liable to be quashed and set aside.
On the matter coming up before this court on 30-8-2011, this court while issuing notice to respondents, had allowed the petitioner institute to admit eligible students into NCVT approved trades/ classes on provisional basis for the Session 2011-12 as per sanctioned strength. This court had further directed that the petitioner institutes would be obliged to inform each student in writing that their admission would be subject to the decision in the writ petition. Vide order dated 26-9-2011, the interim order dated 30-8-2011 was confirmed.
Reply to writ petition has been filed by the respondents. However in view of submission of Mr. S.N.Kumawat, learned Additional Advocate General appearing on behalf of the State there is no occasion to advert to the said reply.
Mr. S.N. Kumawat has submitted that in the pending Anti Corruption Bureau enquiry the petitioner institute has been absolved of any wrong doing, consequent to which a decision has been taken by the Director Training, Technical Education, Government of Rajasthan not to pursue the matter further against the petitioner institute or to recommend to the NCVT for its de-affiliation. It has been submitted that in terms of the interim order passed by this court, the petitioner institute admitted several students on provisional basis in its approved trades/ courses and that some of the said students have written their examinations on completion of their courses. It has been submitted that in view of the decision of government of Rajasthan not to proceed against the petitioner institute or seek their disaffiliation from NCVT, the students who have written examinations for the session 2011-12 would be entitled to have their results declared after having their admission regularised.
Consequently, in view of submission of counsel for the parties, It is directed that the admission of the students in the petitioner institutes into courses/ trades approved by NCVT under interim orders passed by this court be regularised within ten days from today. Simultaneously the result of students, who wrote their examinations in various trades/ courses after successful completion of their courses, be declared within seven days thereafter.
Writ petitions stands disposed of accordingly.
(Alok Sharma),J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.