Karnataka High Court
M/S Unique Private Industrial Training ... vs Director General Of Training on 23 August, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
-1-
NC: 2023:KHC-D:9367-DB
CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CIVIL CONTEMPT PETITION NO. 100336 OF 2022
C/W
WRIT APPEAL NO. 100001 OF 2023
IN CCC NO. 100336 OF 2022:
BETWEEN:
M/S. SAI. PVT. INDUSTERIAL TRAINING CENTER,
SAVALAGI, TQ: JAMKHANDI,
DIST. BAGALKOT,
REPRESENTED BY ITS SECRETARY,
SRI. VENKATESH S/O. SATYAPPA RAGHANNAVAR,
AGE: 40 YEARS, R/O: MUDHOL, DIST: BAGALKOT.
...COMPLAINANT
(BY SRI.V.M.SHEELVANT, ADVOCATE)
AND:
1. M/S. TRISHALJIT SETHI,
JAGADISH T R
DIRECTOR GENERAL OF TRAINING
HIGH COURT MINISTRY OF SKILL DEVELOPMENT AND
OF ENTREPRENEURSHIP DEPARTMENT,
KARNATAKA
2023.08.24 EMPLOYEMENT EXCHANGE BUILDING,
15:58:09 +0530
PUSA ROOM NO.105, 1ST FLOOR,
NEW DELHI-110012.
2. SMT. K.JYOTHI,
THE COMMISSIONER,
DEPARTMENT OF EMPLOYEMENT AND TRAINING,
KOUSALYA BHAVAN DAIRY CIRCLE,
BANNERGHATTA RASTE,
BENGALURU-01.
...ACCUSED
(BY SRI.SHIVARAJ S.BALLOLI, ADVOCATE FOR A1;
SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR A2)
-2-
NC: 2023:KHC-D:9367-DB
CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND
12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA,1950, PLEASED TO EXERCISE ITS
JURISDICTION UNDER SECTION, 12 OF THE CONTEMPT OF COURTS
ACT AND TO, EXERCISE ITS JURISDICTION UNDER SECTION 12 OF
THE CONTEMPT OF COURTS ACT AND TO, PLEASED TO SECURE THE
PRESENCE OF THE ACCUSED AND PUNISH HIM FOR HAVING
COMMITTED CONTEMPT OF THE ORDER DT.10/8/2021 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.111829/2019 (EDN-RES)
PRODUCED AT ANNEXURE-B TO THE CONTEMPT PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
WA NO. 100001 OF 2023:
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDL CHIEF SECRETARY-2,
MINISTRY OF SKILL DEVELOPMENT,
VIDHAN SOUDHA, BENGALURU-01.
2. THE COMMISSIONER,
DEPARTMENT OF EMPLOYMENT AND TRAINING
KOUSALYA BHAVAN DAIRY CIRCLE BANNERGHATTA
BENGALURU-01.
3. THE JOINT DIRECTOR (TRAINING) AND EX-OFFICIO
JOINT APPRENTICESHIP ADVISER,
BELGAUM DIVISION, KUVEMPU ROAD, NAVANAGAR
HUBBLLI, DIST: DHARWAD-580025.
...APPLLANTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
AND:
1. M/S. SAI PVT., INDUSTRIAL TRAINING
CENTRE, SAVALAGI, TQ: JAMKHANDI,
DIST: BAGALKOT, REPRESENTED
BY ITS SECRETARY SRI.VENKATESH
S/O. SATYAPPA RAGHANNAVAR,
AGE: 43 YEARS, R/O: MUDHOL,
DIST:BAGALKOT-587313.
2. THE DIRECOTR GENERAL OF TRAINING,
MINISTRY OF SKILL DEVELOPMENT, AND
ENTREPRENEURSHIP DEPT., EMPLOYMENT
EXCHANGE BILDING, PUSA ROOM NO.105,
-3-
NC: 2023:KHC-D:9367-DB
CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
1ST FLOOR, NEW DELHI-110012.
...RESPONDENTS
(BY SRI.V.M.SHEELVANT, ADVOCATE FOR R1;
SRI.SHIVARAJ S.BALLOLI, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) CALL FOR
THE RECORDS, B) QUASH THE JUDGMENT AND ORDER DATED
10.08.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.111829/2019(EDN-RES) BY ALLOWING THIS APPEAL.
THIS WRIT APPEAL & CONTEMPT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, S.R.KRISHNA KUMAR J.,
DELIVERED THE FOLLOWING:
JUDGMENT
This intra-Court appeal (WA No.100001/2023) by the State of Karnataka is directed against the impugned common order dated 10.08.2021 passed in WP No.111829/2019 and connected matters filed by respondent No.1/writ petitioner, whereby the learned Single Judge allowed the petitions and issued directions to the appellants/State and respondent No.2 herein.
2. Heard the learned Government Advocate for the appellants/State; learned counsel for respondent No.1/petitioner and learned counsel for respondent No.2 and perused the material on record.
-4-
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023
3. The material on record discloses that it was the claim of respondent No.1/writ petitioner that he made an application for affiliation to run ITI course to the appellants/State as well as to the respondent No.2/National Council for Vocational Training(NCVT). It was contended that despite appointing/constituting a Three Member Expert Committee as required under DGET Manual, request for affiliation was not considered by the appellants/State or respondent No.2/NCVT and as such, respondent No.1/writ petitioner approached this Court by way of aforesaid writ petition. It was also contended before the learned Single Judge that appellant No.3/Joint Director had erroneously rejected the claim of respondent No.1/writ petitioner though he was enjoined to forward the application as well as report of Three Member Expert Committee to respondent No.2/NCVT for consideration for grant of approval. The said writ petition having been contested by the appellants/State as well as respondent No.2/NCVT, learned Single Judge proceeded to pass the impugned order holding as under:
-5-
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 ORDER These three writ petitions are filed by the private industrial training institutions giving industrial training in different trades like electrician, fitter, dress making, turner etc., challenging the order dated 20.04.2019 in proceedings bearing No.PÉÊ.vÀ.G/vÀ/¸ÀA-03/«ªÀ-96/2017-18 passed by respondent No.3 herein insofar as the petitioners herein are concerned.
2. Brief facts of the case that would be relevant for the purpose of disposal of these petitions are:
(a) The petitioner-training institutions had filed necessary applications seeking affiliation from respondent Nos.1 &
3. In the earlier instance, the petitioners herein had approached this Court in W.P. Nos.108647-
108651/2017 and connected writ petitions when the students, who were trained in the institutions, were not permitted to appear for the examinations on the ground that the institutions were not granted affiliation. This Court in the said writ petitions filed by the petitioners and similarly situated other institutions and also the students, passed an order on 21.08.2018 disposing of the said writ petitions with an observation that the case of the petitioners and similarly placed other institutions were required to be reconsidered for grant of affiliation irrespective of the fact that their earlier affiliation was rejected and the petitioners were permitted to furnish necessary documents to the concerned authorities in support of their case.
-6-
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023
(b) Pursuant to the order passed by this Court, respondent No.3 had appointed an Expert Committee of three men for the purpose of inspection of the petitioners- institutions and other similarly situated institutions and to submit a report. The Committee so appointed by respondent No.3, after conducting a detailed inspection, submitted a voluminous report and has recommended the case of the petitioners-institutions in W.P. No.111829 of 2019 & W.P.No.111830 of 2019 for grant of affiliation. It is the case of the petitioners in W.P. No.111831 of 2019 that even their case has been recommended by the Expert Committee for the purpose of grant of affiliation, but respondent No.3 has not considered the same and, by means of the impugned order, has rejected the claim of the petitioners for grant of affiliation. Being aggrieved by the same, the petitioners-institutions are before this Court.
3. Learned counsel for the petitioners-institutions submits that when respondent No.3 decided to appoint an Expert Committee consisting of three members, as required under the DGET Manual, respondent No.3 is bound by such a report. He submits that in the order impugned there is not even a reference to the voluminous report filed by the Expert Committee which runs into thousands of pages. He submits that a perusal of report would go to show that the expert body, along with the report, has also forwarded the inspection forms, CDs and other particulars. He submits that the inspection report in respect of the petitioners in the first two writ petitions runs to 598 & 962 pages respectively and respondent No.3 has not even bothered to look into the same -7- NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 before considering the case of the petitioners for grant of affiliation.
4. Learned Additional Government Advocate, while opposing the prayer made in the petitions, submits that though there is a report submitted by an expert body, respondent No.3 is not bound by the same and he is not required to consider it and there afterwards pass the orders. He submits that subsequent to the receipt of the enquiry report, being not satisfied by the same, the petitioners were called upon to appear before respondent No.3, but they have not complied with the notice. He, therefore, prays to dismiss the petitions.
5. I have carefully considered the rival arguments and also perused the material on record.
6. It is not in dispute that the petitioners- institutions, on an earlier occasion had approached this Court in W.P. Nos.108647-108651 of 2017 and connected writ petitions and this Court disposed of the said writ petitions with an observation that the respondent-authorities are required to reconsider the case of the petitioners for grant of affiliation irrespective of the fact that their affiliation was rejected earlier or not. Petitioners were also given liberty to produce necessary particulars or documents before the respondent- authorities in support of their case. Pursuant to the said order and in compliance of the DGET Manual, respondent No.3 had constituted a Committee of expert persons for the purpose of inspection of the petitioners-institutions and also other similarly situated institutions and to submit a report. The Expert Committee so constituted by respondent No.3 there -8- NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 afterwards held inspection of the petitioners-institution in question and has filed a very detailed voluminous report running into hundreds of pages and also recommended the case of the petitioners for grant of affiliation.
7. From the perusal of the impugned order, it is seen that the said report of the expert body constituted by respondent No.3 has not even been referred to in the impugned order. Though certain passing remarks are made with regard to the report of the three members expert committee, there are absolutely no reasons assigned by respondent No.3 for rejecting the recommendations made by the expert body for grant of affiliation to the petitioners. The expert body is stated to have been constituted by respondent No.3 in compliance of DGET Manual and once the said committee is constituted for inspection of the institutions and to submit a report, respondent No.3 is bound to consider the report submitted by the expert body. In the case on hand, on perusal of the order impugned, it is seen that the report of the expert body is not even referred to in the preamble of the said order and there are no reasons assigned in the body of the order as to why respondent No.3 has decided to reject the case of the petitioners in spite of there being a recommendation by an expert body. Since the order impugned, prima facie, do not show that respondent No.3 has considered the inspection report submitted by the three members Expert Committee before passing the impugned order, the said order is liable to be set aside for non- consideration of the report of the three members Expert Committee.
-9-
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 Accordingly, the writ petitions are allowed. The impugned order dated 20.04.2019 passed by respondent No.3 in proceedings bearing No. No.PÉÊ.vÀ.G/vÀ/¸ÀA-03/«ªÀ-96/2017-18, insofar as the petitioners herein are concerned, is quashed. Respondent Nos.1 & 3 are directed to consider the case of the petitioners in these writ petitions for grant of affiliation taking into consideration the report submitted by three member Expert Committee as expeditiously as possible.
In view of disposal of the main matter, pending interim applications in all the petitions do not survive for consideration and are disposed of accordingly.
4. As can be seen from the aforesaid impugned order passed by the learned Single Judge, the appellants/State including SCVT as well as respondent No.2/NCVT were directed to consider the case of respondent No.1/writ petitioner for grant of affiliation taking into consideration the report submitted by Three Members Expert Committee as expeditiously as possible. Aggrieved by the impugned order passed by the learned Single Judge issuing directions as against the appellants/State, the present Writ Appeal is filed by the appellants/State. So also, aggrieved by inaction on the part of the appellants/State as well as respondent No.2/NCVT, who are arrayed as accused, respondent No.1/writ petitioner has
- 10 -
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 instituted the present contempt proceedings in CCC No.100336/2022.
5. During the pendency of the contempt proceedings, counter affidavit dated 28.02.2023 has been filed by respondent No.2/NCVT inter-alia contending that they have not received any application for affiliation by the complainant and in the absence thereof, it cannot be said that there has been any willful disobedience or non-compliance on the part of respondent No.2/NCVT. On behalf of the appellants/State, who is also arrayed as accused, affidavit dated 13.07.2023 was filed along with endorsement dated 10.07.2023, whereby request for affiliation made by respondent No.1/writ petitioner was rejected by the appellants/State. Subsequently, the appellants/State has filed one more affidavit dated 20.07.2023 enclosing a copy of one more endorsement dated 17.07.2023, whereby earlier endorsement dated 10.07.2023 was withdrawn and respondent No.1/writ petitioner was intimated that SCVT affiliation cannot be granted in its favour.
6. Learned counsel for respondent No.1/writ petitioner, who is also the complainant in CCC No.100336/2022, submits that he had filed an application
- 11 -
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 before the SCVT and it was the duty of the appellants/State to forward the same along with other documents enclosing the application for affiliation as well as report of Three Members Expert Committee to the NCVT for further action and for the purpose of affiliation in terms of order passed by the learned Single Judge. It is submitted on behalf of respondent No.1/writ petitioner that one more application for affiliation would be filed before respondent No.2/NCVT within a period of two weeks from today. It is also submitted that role of appellants/State is restricted to merely forwarding the application/report/recommendation of Three Member Expert Committee and affiliation documents submitted by respondent No.1/writ petitioner to the 2nd respondent/NCVT for consideration of the claim of respondent No.1/writ petitioner for affiliation. It is therefore submitted that while writ appeal is liable to be dismissed, necessary direction may be issued in the contempt proceedings against the accused.
7. Per contra, learned Government Advocate on instructions submits that without prejudice to the rights and contentions of the appellants/State, they would withdraw the endorsement dated 17.07.2023 and forward the application,
- 12 -
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 report, recommendation, documents etc. of the 1st respondent/writ petitioner to the 2nd respondent/NCVT for necessary action in the matter pursuant to the order of the learned Single Judge. So also, learned counsel for respondent No.2/NCVT submits that it would consider the claim of respondent No.1/writ petitioner in accordance with law and in terms of the directions issued by the learned Single Judge.
8. In view of the aforesaid facts and circumstances of the case and submissions made by both sides, we deem it just and appropriate to dispose off this writ appeal as well as contempt petition by issuing certain directions.
9. In the result, we proceed to pass the following:
ORDER
a) Writ Appeal as well as Contempt proceedings are disposed off without interfering in the impugned order passed by the learned Single Judge.
b) The appellants/State in the Writ Appeal is directed to withdraw the endorsement dated 17.07.2023 within a period of two weeks from today.
- 13 -
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023
c) So also, the appellants/State is directed to forward the application, report, recommendation of Three Member Expert Committee and documents etc. of the 1st respondent/writ petitioner to the 2nd respondent/NCVT within the aforesaid period of two weeks from today.
d) Immediately upon receipt of application, recommendation, report, documents etc. of the 1st respondent-writ petitioner referred to supra, respondent No.2/NCVT is directed to consider the claim of respondent No.1/writ petitioner for affiliation and take appropriate decision/pass appropriate orders in terms of the order passed by the learned Single Judge in WP No.111829/2019 & connected matters within a period of six weeks from the date of receipt of copy of the same in accordance with law.
e) To facilitate expeditious compliance of this present order as well as order of the learned Single Judge, respondent No.1/writ petitioner shall file one more fresh/new application to the
- 14 -
NC: 2023:KHC-D:9367-DB CCC No. 100336 of 2022 C/W WA No. 100001 of 2023 respondent No.2/NCVT within a period of two weeks from today.
Subject to the aforesaid directions, writ appeal as well as contempt petition are disposed off.
Pending applications, if any, do not survive for consideration and accordingly, they are disposed off.
Sd/-
JUDGE Sd/-
JUDGE RH/JTR List No.: 1 Sl No.: 9