Delhi High Court - Orders
Shaheed Bhagat Singh Private Iti vs Directorate General Of Training & Anr on 25 November, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~51 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13277/2021 with CM APPL. 41891/2021 (for directions)
SHAHEED BHAGAT SINGH PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat, Advocate
versus
DIRECTORATE GENERAL OF
TRAINING & ANR. ..... Respondents
Through: Mr. Neeraj, Mr. Sahaj Garg,
Mr. Vedansh Anand and
Mr. Rudra Paliwal, Advocates for
R-1/DGT.
Mr. Parth Datta, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 25.11.2021 The proceedings in the matter have been conducted through hybrid mode [virtual and physical hearing].
1. Issue notice. Mr. Neeraj, learned counsel, accepts notice on behalf of the respondent No.1-Directorate General of Training ["DGT"]. Mr. Parth Datta, learned counsel, accepts notice for the respondent No.2-Skill Development & Industrial Training Department.
2. This is the third writ petition filed by the petitioner in respect of the actions of the DGT denying permission to its trainees to appear in the examinations conducted by it.
3. By an order dated 15.07.2021, in W.P.(C) 4824/2021 [Shaheed Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.11.2021 21:43:38 W.P.(C) 13277/2021 Page 1 of 4 Bhagat Singh Private ITI vs. Directorate General of Training] and connected matters, the Court directed as follows:
"7. The grievance with which the petitioners have approached the Court is that they are not being permitted to admit trainees even for the academic session 2021-22, although there is no order of de-affiliation against them.
8. Mr. Avnish Singh and Mr. Ankit Raj, learned counsel for the DGT, state that the DGT accepts the position that there is no subsisting order of de-affiliation against the petitioners. They further submit that the Recommendation Committee has not passed any orders for any coercive steps to be taken against the petitioners.
9. As far as the present petitions are concerned, the statements made on behalf of the DGT, as recorded above, resolve the grievances of the petitioners. Mr. Sharawat submits that the DGT may be directed to communicate the aforesaid position to the State Directorate.
10. The writ petitions are therefore disposed with a direction upon the DGT to communicate the aforesaid position to the Skill Development and Industrial Training Directorate, Haryana, to the effect that the DGT has not de- affiliated the petitioner-institutes and that the minutes of the Recommendation Committee dated 19.01.2021 do not lead to the imposition of any coercive measures against the petitioners. Such communication be sent within five days from today."
4. Although an office memorandum dated 22.07.2021 was thereafter issued in purported compliance of the aforesaid order, the petitioner contended that its trainees were still not being permitted to take the examinations. This led to W.P.(C) 11153/2021, in which this Court by an order dated 08.10.2021, directed as follows:
"5. Mr. Avnish Singh, learned counsel for the DGT in W.P.(C) 11400/2021, states upon instructions that the DGT Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.11.2021 21:43:38 W.P.(C) 13277/2021 Page 2 of 4 has not de-affiliated the petitioner-institutes and that, as far as the DGT is concerned, the petitioners are entitled to admit trainees for the academic session 2021-2022 clarifies that the advice of the DGT to the effect that the State Directorate may take a "conscious administrative decision in the matter as per law" is not intended to derogate from this position or to confer any authority upon the State Directorate which it does not otherwise possess.
6. In view of the above, the petitioners are to be treated at par with any other affiliated institutions, and the State Directorate is entitled to take only such action as it may with regard to any institution which is duly affiliated. The State Directorate is, therefore, directed to take a decision in accordance with law with regard to the petitioners' case within the purview of the powers available to it, and communicate the same to the petitioners by Monday, i.e. 11.10.2021. This timeline is fixed keeping in mind that the admissions to industrial training institutes is in progress. In the event the decision is adverse to the petitioners, it will open to them to take legal recourse in accordance with law before the appropriate forum.
7. In view of the DGT's position that there is no order of deaffiliation as far as it is concerned, the DGT is directed to ensure that the correct status of the petitioners is reflected on its portal."
5. The DGT failed to comply with the order. The petitioner filed Cont. Cas(C) 794/2021 [Shaheed Bhagat Singh Private ITI vs. Smt. Sharandeep Kaur Brar, IAS & Ors.], in which notice was issued on 28.10.2021. The contempt petition remains pending and is scheduled to be listed next on 30.11.2021.
6. In the meanwhile, the present writ petition has been filed as the respondents have not uploaded the data of the trainees admitted by the petitioner in the previous year [2020-2021] in the NCVT-MIS portal and Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.11.2021 21:43:38 W.P.(C) 13277/2021 Page 3 of 4 those trainees are therefore not being permitted to appear in the examinations scheduled to commence from 13.12.2021.
7. The aforesaid orders of this Court make it clear that the petitioner has to be treated at par with all other similarly placed Industrial Training Institutions, as the DGT has not de-affiliated the petitioner at all. Mr. Neeraj states that the aforesaid position subsists even today.
8. In this view of the matter, and keeping in mind the impending examinations, the petitioner has made out a prima facie case for grant of an interim order. The DGT is directed, without prejudice to its rights and contentions in the writ petition, to upload the data of the duly admitted trainees of the petitioner for the academic session 2020-2021 and permit them to take the examinations scheduled to take place from 13.12.2021. The results of the candidates will also be declared.
9. It is made clear that this order is passed without prejudice to the rights and contentions of the parties, and the petitioner and its trainees will not be entitled to claim any special equities on this account. Learned counsel for the petitioner is directed to communicate this position to the trainees in question also.
10. Counter affidavits be filed within four weeks. Rejoinders thereto, if any, may be filed within two weeks thereafter.
11. List on 11.02.2022.
PRATEEK JALAN, J NOVEMBER 25, 2021 'hkaur' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.11.2021 21:43:38 W.P.(C) 13277/2021 Page 4 of 4