Himachal Pradesh High Court
Takshila Private Industrial Training ... vs State Of H.P & Others on 8 January, 2021
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 6128 of 2020 Reserved on: 6.01.2021 .
Decided on: 08.01.2021 Takshila Private Industrial Training Institute ...Petitioner.
Versus
State of H.P & others ....Respondents.
....................................................................................... Coram Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Ms Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioner. : Mr. Aman Parth Sharma, Advocate.
For the respondents : Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore, Mr. Shiv Pal Manhans, Mr. Nand Lal Thakur, Additional Advocates General, Mr. Bhupinder Thakur, Ms. Seema Sharma, & Mr. Yudhvir Thakur Deputy Advocate Generals, for the respondents/State. Mr. Shashi Shirshoo, Central Government Counsel, for respondent No.3.
Jyotsna Rewal Dua (J) Petitioner is a private institute imparting Industrial Training (ITI). Its application for affiliation of additional 4th base Unit in Electrician Trade has been rejected by respondent No.3 vide communication dated 25.11.2020/9.12.2020. Aggrieved, instant writ petition has been preferred.
2(i) Petitioner institute was established in the year 2011 and was affiliated with National Council of Vocational Training (in short NCVT) for Electrician Trade initially for 2(1+1) Units. 4 additional units (1+1+2) in 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 22014 and 3 more units (1+1+1) in the year 2019 were approved for it. As of now, this ITI is affiliated for total of 9 units in Electrician Trade.
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2(ii) On 2.12.2019 vide Annexure P-2, online affiliation portal was opened by respondent No.3 for existing ITIs wishing to apply for extension of Trades/Units, for shifting (as per DGT norms) and for new ITIs willing to start session. The last date for submitting online applications was 28.2.2020.
Pursuant to the link so generated on the web portal of respondent No.3, petitioner institute, within the stipulated period applied for affiliation of an additional 4th base Unit in Electrician Trade alongwith deposit of requisite fees.
2(iii) As per Affiliation Norms-2018, process of affiliation is spread over three stages. Sub-Committee of NCVT headed by respondent No.2 conducted a joint inspection of petitioner institute under Stages I, II & III.
After completion of all stages of affiliation process, the Sub-Committee of NCVT vide letter dated 7.11.2020 recommended the case of the petitioner institute for additional 4th Base Unit in Electrician Trade.
2(iv) As per averments made in the writ petition, on the basis of recommendation of NCVT Sub-Committee, the State Council of Vocational Training (in short SCVT) granted affiliation to the petitioner institute for two shifts under SCVT certificate. SCVT certificate is valid within the State, whereas NCVT is valid throughout India. Based on the recommendation of NCVT Sub-Committee, many aspirants applied for admissions and were admitted in the institute.
::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 32(v) Recommendation of NCVT Sub-Committee was placed before the Recommendation Committee of respondent No.3 (DGT). The .
Recommendation Committee of respondent No.3 in its 16 th meeting held on 25.11.2020, did not recommend the affiliation of additional 4 th base Unit in Electrician Trade for the petitioner. The minutes of this meeting were forwarded to respondent No.2 on 9.12.2020. Aggrieved against non-
approval of additional 4th base Unit in Electrician Trade, instant writ petition has been preferred for the following reliefs:-
"i. In view of the submission made hereinabove it is most humbly prayed that present petition may kindly be allowed and Annexure P-7 (Recommendation Committee DGT, report qua the petitioner institute may kindly be quashed and set-aside being illegal, unwarranted and untenable in the eyes of law.
ii. Respondent No.3 may kindly directed to recommend that case of the petitioner for the additional 4th base unit (1+1+1) for electrician trade as per the Joint Committee report of NCVT Sub-Committee."
3.(i) The Recommendation Committee in its meeting held on 25.11.2020 has given following reasons for not recommending the case of petitioner institute:-
SI.No ITI's Name Trades/U ITI Units Remarks by Remarks by MIS nits Propose recommen Scrutiny Recommendatio Code/Application sought for Units ded by SCI Committee n Committee Number affiliation 2 Takshila Private Eletrician 3(1+1+1) 3(1+1+1) ITI needs to Not ITI, Near M.L.S.M. (NSQF) upgrade to 4 Recommended College trades for the Since ITI is Sundernagar session 2021 more than 5 District Mandi years old, H.P. 175018 should apply for minimum 4 PR02000211 for affiliation by session 2021.::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 4
It is evident that 4th Base Unit in Electrician Trade in .
petitioner institute was not approved by respondent No.3 on the ground that 'petitioner ITI was more than 5 years old and should apply for minimum 4 for affiliation by session 2021'. The reasons for rejecting the case of the petitioner, as contained in the impugned communication (extracted above) are not clearly worded. It does not stand to reason that an ITI in existence for five years should apply for minimum 4 for affiliation and having not applied for "minimum 4 for affiliation", its case for affiliation of 4 th additional unit in Electrician Trade cannot be approved.
3(ii) It is the case of the petitioner that it had applied for additional 4th base Unit in Electrician Trade pursuant to generation of link on the web-
portal of respondent No.3 before the cut-off date. Petitioner has also placed on record the receipt in lieu of deposit of fees. The petitioner has also appended documents with the writ petition reflecting that in all the three stages of inspection, the duly constituted Sub-Committee of NCVT had recommended its case for addition of 4th base Unit in Electrician Trade.
3(iii) Respondent No.3 in its response to the writ petition has tried to come clear by advancing following reasons for rejection of petitioner's case:-
"2. That the Directorate General of Training (DGT) published the Affiliation Norms for ITI(s) Year-2018, whereby, some old norms have been revised and updated. As per these latest norms, ITI(s) are required to get affiliation for minimum 04 trades and minimum one unit per trade. Moreover, all the affiliated ITI(s) are required to get re-affiliation for every years from the date of affiliation. The institutes are required to submit online application at least one year prior to expiry of affiliation/completion ::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 5 of five years of affiliation. Copy of Affiliation Norms for ITIs year 2018 are annexed as annexure-R-3/1 (Colly).
3. That the matter of petitioner ITI, it is pertinent to mention that petitioner Institute has never applied for re-affiliation. Moreover, it is running single trade since 2011. Furthermore, it is also submitted that .
instead of applying for re-affiliation of petitioner ITI and affiliation for another three new trades than electrician, the petitioner ITI has applied for additional units in the same electrician trade, which cannot be considered as per prevailing norms. Accordingly, the application filed by the petitioner for the additional 4th Base unit has been rejected by the Recommendation Committee, DGT in its 16th meeting held on 25.11.2020."
It is evident from the above extracted paras of respondent No.3's reply that according to the respondent as per Affiliation Norms for ITIs-year 2018:- (a) Affiliated ITIs are required to get re-affiliation for every five years from the date of affiliation (b) ITIs are required to get affiliation for minimum 4 trades and minimum one unit per trade. Petitioner unit is running since 2011 and has never ever applied for re-affiliation. Instead of applying for re-affiliation and for affiliation to the other three new trades, the petitioner had applied for additional unit in the same electrician trade.
The application filed by the petitioner for additional 4 th base Unit in Electrician Trade was therefore rejected by the Recommendation Committee (DGT) in its 16th meeting held on 25.11.2020.
3(iv). Following clause from Affiliation Norms for ITIs year 2018 provides for re-affiliation:-
"Instructions for 3.7.1:
All the institutes shall be re-affiliated for every 5 years from date of affiliation. The institutes shall submit online application at least one year prior to expiry of affiliation/completion of five years of affiliation."
The petitioner institute was initially affiliated in the year 2011. The Affiliation Norms being pressed into service by respondent No.3 ::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 6 requiring re-affiliation after five years from the date of affiliation, came into existence in the year 2018. The ground of non re-affiliation, as a reason .
for rejecting petitioner's case was taken in the reply by respondent No.3. To this reply, petitioner has filed rejoinder with specific averments in para-2 that 'after 2018, the ITIs' can apply for affiliation etc., only on online portal ,however, no link for the purposes of re-affiliation was ever generated on the site of the respondent'. No substantive rebuttal to this factual averment has been made by respondent No.3. In such circumstances, the reason now putforth in the reply for rejecting the case of the petitioner on the ground of its non re-affiliation after five years from the date of affiliation, does not hold good.
3(v). The petitioner ITI had applied for additional 4 th base Unit in Electrician Trade with three shifts. Respondent No.3 submits that the petitioner was required to get affiliation for minimum four trades and minimum one unit per trade. Since the petitioner failed to do it therefore, its case was rejected. Learned counsel for respondent No.3 could not point out any provision in the Affiliation Norms 2018, which provides that an existing ITI has to get affiliation for minimum four trades. Learned counsel for the petitioner invited our attention to Clause 3.1.2 of Affiliation Norms 2018 providing that existing ITI has to meet with NCVT norms for additional trade/unit. The clause reads as under:-
"Instructions for 3.1.2:
I. No increase in intake shall be given to ITIs where FIR/CBI/CVC/ any other Investigation agency/punitive action is initiated by DGT for any violation in the norms and standards and where enquiries are pending.::: Downloaded on - 08/01/2021 20:17:10 :::HCHP 7
Applications of such institution shall be placed before the NCVT Subcommittee for taking appropriate action.
II. The ITIs shall mandatorily opt for "grading" before addition of trades/units in existing institutes.
III. Addition of trades/units in existing ITIs shall be permitted only if .
the ITI is complying with latest NCVT norms at least for additional trades/units."
In view of the above, we find that reasons as contained in the communication dated 9.12.2020/25.11.2020 (Annexure P-7) for rejecting the case of the petitioner seeking affiliation for additional 4 th base Unit in Electrician Trade are not justified. Respondent No.3 has not considered the case of the petitioner for affiliation of additional 4 th Base Unit in Electrician Trade in accordance with applicable Norms of Affiliation. Accordingly, writ petition is allowed. Annexure P-7, insofar as it pertains to rejection of the case of the petitioner is quashed and set aside. Respondent No.3 is directed to re-consider the case of the petitioner within a period of two weeks from today and pass an appropriate order in accordance with law.
With these observation, the instant writ petition is disposed of alongwith all pending application(s).
(Tarlok Singh Chauhan) Judge (Jyotsna Rewal Dua), Judge 8th January 2021 (rohit) ::: Downloaded on - 08/01/2021 20:17:10 :::HCHP