Karnataka High Court
Grameena Abhivruddhi @ Samuha vs Union Of India on 18 June, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC-D:8121
WP No. 105586 of 2015
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.105586 OF 2015 (EDN-RES)
BETWEEN:
1. GRAMEENA ABHIVRUDDHI & SAMUHA,
SHIKSHANA SAMSTHE, PUBLIC CHARITABLE TRUST,
REGISTERED UNDER THE INDIAN TRUST ACT,
BY ITS TRUSTEES.
1A) SHIVAPUTRAPPA G. BELLAD,
AGED 74 YEARS, OCC: BUSINESS, CHAIRMAN,
R/O: MARATHA COLONY ROAD, DHARWAD.
1B) PRASHANT S/O SHIVAPUTRAPPA BELLAD,
AGED 49 YEARS, OCC: ENGINEER, TRUSTEE,
R/O: MARATHA COLONY ROAD, DHARWAD.
1C) MAHESH S/O SHIVAPUTRAPPA BELLAD,
AGED 39 YEARS, OCC: BUSINESS, TRUSTEE,
R/O: MARATHA COLONY ROAD, DHARWAD.
1D) DR. GOURI W/O SIDDANAGOUDA PATIL,
AGED 46 YEARS, OCC: MEDICAL PARCTITIONER,
TRUSTEE, R/O. HANUMANTDEVARA GUDI ONI,
KAMANAKATTI, DHARWAD.
Digitally signed
by V N
BADIGER 1E) SMT. SHARADA W/O SHIVAPUTRAPPA BELLAD,
Location: High
Court of
AGED 69 YEARS, OCC: HOUSEWIFE, TRUSTEE,
Karnataka R/O: MARATHA COLONY ROAD, DHARWAD.
1F) KIRAN S/O CHIDAMBAR SHINDHE,
AGED 54 YEARS, OCC: ENGINEER, TRUSTEE,
R/O: HALBHAVI ROAD, KALYANNAGAR, DHARWAD.
... PETITIONERS
(BY SRI V.P. KULKARNI & SRI SANGRAM S. KULKARNI, ADVOCATES)
AND:
1. UNION OF INDIA,
R/BY PRINCIPAL SECRETARY (LABOUR),
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110001.
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NC: 2024:KHC-D:8121
WP No. 105586 of 2015
2. DIRECTORATE GENERAL OF EMPLOYMENT & TRAINING,
SHRAMSHAKTHI BHAVAN, RAFI MARG,
NEW DELHI-110001,
R/BY DIRECTOR GENERAL/ ADDITIONAL SECRETARY.
3. THE COMMISSIONER,
DEPARTMENT OF EMPLOYMENT & TRAINING,
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD, BENGALURU-560029.
4. KARNATAKA STATE COUNCIL FOR VOCATIONAL TRAINING,
R/BY ADDITIONAL DIRECTOR/SECRETARY,
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD, BENGALURU-560029.
5. THE JOINT DIRECTOR (TRAINING),
ADMINISTRATION, DEPT. OF EMPLOYMENT
& TRAINING, KOUSHALYA BHAVAN,
DAIRY CIRCLE, BANNERGHATTA ROAD,
BENGALURU-560029.
6. THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING (NCVT),
DEPT. OF INDUSTRIAL TRAINING,
GOVERNMENT OF INDIA, NEW DELHI-110001,
R/BY ITS DIRECTOR GENERAL.
7. QUALITY COUNCIL OF INDIA,
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR, NEW DELHI-110001,
R/BY ITS SECRETARY GENERAL.
... RESPONDENTS
(BY SRI P.N. HATTI, HCGP FOR R3-R5;
SRI M.B. KANAVI, ADVOCATE FOR R1 & R2;
PETITON AGAINST R6 & R7-STAND DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY
SUCH WRIT OR DIRECTION TO QUASH THE ORDERS/CIRCULARS PASSED BY
THE RESPONDENTS IN NO.DGE&T-19(22)/2012-CD DATED 06.08.2012 VIDE
ANNEXURE-D PASSED BY THE DIRECTOR GENERAL (ADDITIONAL
SECRETARY) MINISTRY OF LABOUR & EMPLOYMENT AND ANOTHER ORDER
ISSUED BY THE DIRECTOR GENERAL (ADDITIONAL SECRETARY) MINISTRY
OF LABOUR & EMPLOYMENT IN NO. DGE&T-19(4)/2012-CD DATED 25TH
OCTOBER/1ST NOVEMBER, 2012 VIDE ANNEXURE-E, AND THE LETTER ISSUED
BY THE DEPUTY DIRECTOR GENERAL (TRAINING) MEMBER SECRETARY,
NCVT, MINISTRY OF LABOUR & EMPLOYMENT, DIRECTORATE GENERAL OF
EMPLOYMENT AND TRAINING, NEW DELHI NO.DGE&T-19/16/2012-CD DATED
27.11.2013 VIDE ANNEXURE-F, AND THE CIRCULAR ISSUED BY THE JOINT
DIRECTOR (TRAINING) ADMINISTRATION, GOVERNMENT OF KARNATAKA,
DEPARTMENT OF EMPLOYMENT & TRAINING, BANGALORE IN
NO.BEM.VI.KA/PRAVESH//VI.VA-1/2013-14 VIDE ANNEXURE-G DATED
04.08.2014 AND ETC.,
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NC: 2024:KHC-D:8121
WP No. 105586 of 2015
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed by the petitioner-Institution seeking relief in the nature of quashing of the Circular dated 06.08.2012, 25.10.2012 / 01.11.2012, 27.11.2013 and 04.08.2014 produced at Annexures-D, E, F & G.
2. The case of the petitioner is that it is a Public Charitable Trust registered under the Trust Act and is running Industrial Training Institute at Unkal, Hubballi. That, the petitioner-Trust had obtained permanent affiliation from the respondent in various Trades between 2007 and 2011. That the National Council of Vocational Training in its 39th Meeting resolved to discontinue the grant of permanent affiliation to the Industrial Training Institute and decided to grant affiliation for a period of five years and also prescribed period for renewal for five years. That the National Council for Vocational Training in its 40th meeting modified the resolution and discontinued the permanent affiliation given to the existing ITIs and have been directed -4- NC: 2024:KHC-D:8121 WP No. 105586 of 2015 to get a fresh affiliation and accreditation for a period of five years after paying inspection and other charges and by prescribing additional criteria for getting affiliation which are affiliated.
3. The case of the petitioner is that the resolutions thus passed by the National Council for Vocational Training, is arbitrary and onerous, more particularly when once the permanent affiliation is granted, the same cannot be withdrawn.
4. Learned counsel appearing for respondent Nos.1 & 2 and the learned HCGP appearing for respondent Nos.3 to 5 submit that by the impugned resolutions more particularly, the resolution produced at Annexure-E, the affiliations that were accorded to the Institution, like that of the petitioner, were required to be inspected at every interval of five years and this is keeping in line the requirement of the standard of the Institute. They further submit that effective from 2018, norms have been issued providing for applying for the permission through Online -5- NC: 2024:KHC-D:8121 WP No. 105586 of 2015 process, by all the Institutes who are already affiliated / recognized under the earlier Rules.
5. Learned counsel for the Respondent Nos.1 and 2 submits that this petition is of the year 2015, whereas a notification has been issued by the Respondent No.2 effective from the year 2018 providing for applying for permission through online process by all the Institutes who are affiliated/recognized under the earlier rules. He further submits that the petitioner may also be relegated to apply for permission as per the process now prescribed.
6. Heard and perused the records.
7. Annexure-E is the communication, dated 25.10.2012 / 01.11.2012, which refers to the resolution of the National Council for the Vocational Training passed in its 40th Meeting concerning granting of affiliation for a limited period to the Government and Private ITIs. The said communication is extracted hereunder:
"40TH MEETING OF THE National Council for Vocational Training (NCVT) under Chairmanship of -6- NC: 2024:KHC-D:8121 WP No. 105586 of 2015 Hon'ble Minister of Labour & Employment was held on 16th December, 2011. Granting affiliation with NCVT for limited time period to Government & Private it is was discussed vide Agenda Item No.4003.2 in the meeting. The issue was deliberated in detail and it was unanimously agreed to grant affiliation for limited period of time of five years, so that regular Inspection are carried out and quality is maintained.
2. The council approved the proposal to grant affiliation to Government and Private it is, which will be valid for a period of five years from the date of affiliation. In this context, following guidelines were also approved:
I. No affiliation will be permanent.
II. After every 5 years, the institute will be Inspected afresh for trades/ units to be affiliated and granted fresh affiliation and granted fresh affiliation after the fulfillment of all norms.
III. It any institute is being inspected at any point of time, when institute has few trades and units affiliated for more than 5 years, all the trades/ units of the institute shall be inspected and affiliated afresh even if few units were affiliated for less than 5 years.
3. Government of India has accepted the above recommendations of council for implementation with immediate effect. Henceforth, the affiliation granted to trade/units of Government and Private it is with NCVT will be granted for five years only. Inspection of trades/ units already affiliated which are more than five years old shall be carried out in phased manner for which detailed instructions will be issued separately."-7-
NC: 2024:KHC-D:8121 WP No. 105586 of 2015
8. Petitioner claims that its Institutions were affiliated between the years 2007 and 2011. In this regard, the petitioner has produced communications at Annexures- A, B & C. A perusal of the said communications at Annexures-A, B & C would not indicate that the plaintiff was accorded permanent affiliation. The said communication also refer to a statement that, if any, clarification is sought, the Institute shall respond immediately. When the petitioner is not in a position to make out if the affiliation initially granted itself was permanent in nature, it cannot question the communication issued by the respondent authorities as per Annexure-D & E, wherein the NCVT has resolved to accord the affiliation only for a limited period of five years, requiring the reconsideration of the affiliation after inspection and only when the Institute or Institutes have complied with the norms.
9. As already noted, Annexure-E categorically clarifies that no affiliation to be granted permanently. Further, the communication at Annexure-D at paragraph -8- NC: 2024:KHC-D:8121 WP No. 105586 of 2015 No.8 categorically records that the decision taken by the NCVT in its 39th Meeting would come into force from 1st September 2012 and would supersede all previous orders relating to grant of affiliation of its by the NCVT.
10. In that view of the matter, and in the absence of the petitioner making out grounds of it having been permanently granted affiliation, this Court do not see any reason to interfere into the matter.
11. Besides, as submitted by the learned counsel for the respondent Nos.1 & 2 and the learned HCGP since notification has been issued by respondent No.2 effective from the year 2018, requiring Institutes like that of the petitioner for applying through Online process seeking fresh affiliation, petitioner may avail the said remedy.
12. With the above observations, the petition is disposed of.
13. It is made clear that the applications to be made by the petitioner be considered notwithstanding the time -9- NC: 2024:KHC-D:8121 WP No. 105586 of 2015 consumed by the petitioner in prosecuting the present petition.
SD/-
JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 15