Kerala High Court
Raji C.R vs The National Council For Vocational on 8 October, 2012
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934
WP(C).No. 5202 of 2008 (T)
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PETITIONER(S):
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RAJI C.R,PANAMKOOTTATHIL HOUSE
NALUKETTU P.O., KORATTY, THRISSUR DISTRICT.
BY ADVS.SRI.A.N.RAJAN BABU
SMT.K.SUNITHA VINOD
SRI.P.GOPALAKRISHNAN (MVA)
RESPONDENT(S):
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1. THE NATIONAL COUNCIL FOR VOCATIONAL
TRAINING (NCVT) SRAM SAKTHI BHAVAN 3&4
RAFI MARG NEW DELHI-1 REPRESENTED BY ITS SECRETARY.
2. THE DIRECTOR GENERAL OF EMPLOYMENT AND
TRAINING SRAM SAKTHI BHAVAN 3&4
RAFI MARG, NEW DELHI-1.
3. THE DIRECTOR OF TRAINING,
DEPARTMENT OF INDUSTRIAL TRAINING, KERALA STATE
THYCAUD, THIRUVANANTHAPURAM.
4. THE PRINCIPAL, INDUSTRIAL TRAINING
INSTITUTE FOR WOMEN, CHALAKUDY.
R1 & R2 BY ADV. SRI.ABRAHAM THOMAS, CGC
R3 BY GOVERNMENT PLEADER SRI.V.VIJULAL
BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.5202/2008
APPENDIX
PETITIONER'S EXHIBITS:-
P1:- COPY OF PROSPECTUS ISSUED BY GOVERNMENT FOR DRAFTSMEN TRAINING
FOR THE YEAR 2000-2001.
P2:- COPY OF PROSPECTUS ISSUED BY GOVERNMENT FOR DRAFTSMEN TRAINING
FOR THE YEAR 2002-2003.
P3:- COPY OF PROVISIONAL NATIONAL TRADE CERTIFICATE DTD. 12.10.99 INDUSTRIAL
TRAINING DEPARTMENT.
P4:- COPY OF DIPLOMA CERTIFICATE ISSUED B THE JOINT CONTROLLER OF
TECHNICAL EXAMINATION (KERALA) DTD. 27.9.2003 TO THE PETITIONER.
P5:- COPY OF LETTER NO.VSSC/RMT/9.0/225/EE&EN-1127/2006 DTD. 4TH JULY 2007
ISSUED TO THE PETITIONER BY VIKRAM SARABHAI SPACE CENTRE TRIVANDRUM.
P6:- COPY OF LETTER NO.VSSC/RMT/9.0/225/2006 DTD. 15TH JANUARY 2008 ISSUED TO
THE PETITIONER BY THE VIKRAM SARABHAI SPACE CENTRE, THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS:-
R3(a):- COPY OF THE APPENDIX VIII OF THE TRAINING MANUAL.
//TRUE COPY//
P.S. TO JUDGE
tss
C.K.ABDUL REHIM,J.
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WP(C).NO. 5202 of 2008
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Dated this the 8th day of October, 2012
JUDGMENT
The petitioner had attended industrial training course in the trade of Electronic Mechanic at the Government Industrial Training Institute for women at 'Chalakudy' during the period from 1997-99. The petitioner joined for the course on the basis of an impression that the course is having the requisite affiliation as mentioned in the prospectus issued for the year concerned. On completion of the course with 80% marks, the petitioner became entitled to appear for the 'All India Trade Test' conducted by the 1st respondent Council. The petitioner appeared for the All India Trade test during the month of July 1999 and she had passed the test. A provisional trade certificate was also issued by the 1st respondent Council, as per Ext.P3. In Ext.P3 it was mentioned that, the 'National Trade certificate' will be issued by the 1st respondent later. Subsequently the petitioner had passed Diploma course in Electronic and Communication from the Government Polytechnic, with 1st class. Thereafter she WP(C).5202 /2008 2 applied for the post of Technician -A (Electronic Mechanic) at the Vikram Sarabhai Space Centre, Thiruvananthapuram, under the Department of Space, Government of India. She was invited to attend an interview for selection during July 2007, as per Ext.P5. Eventhough the petitioner was selected, the authority concerned had insisted for production of original trade certificate issued by the 1st respondent Council. The petitioner was allowed to join subject to production of such certificate. But inspite of considerable lapse of time the 1st respondent has not issued the 'National Trade Certificate'. Hence this writ petition is filed seeking direction against respondents 1 to 3 to issue the National Trade Certificate .
2. Eventhough the Central Government Counsel entered appearance on behalf of respondents 1 and 2, no counter affidavit is filed, even after lapse of about 4= years. In a counter affidavit filed on behalf of the 3rd respondent it is conceded that the petitioner had studied for the trade in Electronic Mechanic during the academic years 1997-99 at the Government ITI for Women at Chalakudy. It is also conceded WP(C).5202 /2008 3 that she became qualified in the trade test. But it is mentioned that the trade of 'Electronic Mechanic' was given affiliation by the 1st respondent Council, only from admission session of August 2003. According to the 3rd respondent the petitioner was permitted to appear for the All India Trade Test only because the 2nd respondent was not insisting for affiliation of the trade, with respect to Government it is, until 1996. It is only from July 1996 it was insisted that affiliation should be obtained for grant of National trade certificate. According to the 3rd respondent, since the Government ITI for Women at Chalakudy was affiliated only in August 2001, the course undergone by the petitioner was during 1997-1999 was without affiliation, and hence she is not eligible for the National Trade Certificate. It is conceded that the permission given to appear in the All India Trade Test as well as provisional National Trade Certificate issued was on a wrong premise.
3. An identical issue was considered by a Division Bench of this court in V. Shysimol Vs. Chief Secretary, Government of Kerala and others (2011(2) KHC 900 (DB). On the facts of WP(C).5202 /2008 4 that case, the Division Bench found that, the candidate had joined for the industrial training course on the basis of prospectus published by the State Government. It is further found that the State Government had applied for affiliation of the course study, simultaneously with commencement of the course. But the NCVT had granted affiliation only on a later stage. This court observed that the NCVT has no case that facilities were acquired by the institute only on the date of granting affiliation or that the course imparted to students in the institute, prior to the said order does not have the required standard. In that case also the candidate had appeared in the All India test and a provisional certificate was issued. There also, the candidate was appointed in a Central Government organisation on the basis of the provisional certificate. Following directions issued in an identical case by the hon'ble Supreme Court, the Division bench held that when NCVT has no case that the institute acquired instructional facilities only during the year of affiliation and not when the affiliation was sought for, the candidate who completed studies in an unaffiliated course is WP(C).5202 /2008 5 entitled to get the 'National Trade Certificate' . The NCVT was directed to issue the National Trade Certificate under such circumstances.
4. I am of the view that the decision rendered by the Division bench of this court will squarely apply on the facts of this case. Hence the writ petition is allowed and the 1st respondent is directed to issue original 'National Trade Certificate' to the petitioner, based on Ext.P3 provisional certificate, at the earliest possibler, at any rate within a period of one month from the date of receipt of a copy of this judgment.
C.K.ABDUL REHIM, JUDGE
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WP(C).5202 /2008 6
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