Rajasthan High Court - Jaipur
Guru Kripa Pvt. Iti vs State Of Rajasthan on 2 December, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.7378/2020
Guru Kripa Pvt. Iti, Village And Post Narainpur, Thanaghazi
District Alwar Through Society Gurukripa Shiksa Samiti,
Narayanpur, Thanaghazi, District Alwar Through Secretary
Balram S/o. Harphool, Aged 28 Years, R/o. Village Jotpura,
Thanaghazi, District Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
----Respondents
Connected With
S.B. Civil Writ Petition No. 14078/2016
The Deshraj Pvt ITI, Behind New Police Station Murali Vihar
Colony, Newai, District Tonk through its Society Swami
Viveknandan Shiksan Sansthan, Newai, Tonk Rajasthan through
Secretary Prithviraj S/o Sh. Ramdayal Ji Bariwa, College
Campus, Newai, District Tonk and Others
----Petitioners
Versus
State Of Raj Education through Principal Secretary, Technical
Education, State of Rajasthan, Jaipur & Ors.
----Respondents
S.B. Civil Writ Petition No. 14575/2016
1. Sevanand Pvt. Iti, Newai, District Tonk Raj. Through
Society Aryan Shiksha Samiti, Newai, Tonk, Through
Secretary Roop Singh Gurjar S/o Sh. Kaluram Gurjar, R/o
Gram Dungari, Tehsil Bonli, District Sawai Madhopur
2. Saraswati Vidhya Mandir Private Iti, Udaji Ka Gada Ghatol
Dist.- Banswara Rajasthan Through Its, Ghatol Dist.
Banswara Raj. Through Secretary Mahendra Purohit S/o
Shanwarmal Purohit, Udaji Ka Gada Ghatol Dist.-
Banswara Rajasthan
3. Ayushman Private Iti Manoharpur, Jaipur, Through Society
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Manprakash Education And Welfare Society, Secretary
Ramesh Chand Gurjar S/o Sh. Manprakash Ji, R/o Shastri
Nagar, Jaipur
4. Dev Private Iti Sansthan, Tigriya Road, Chaksu, Jaipur,
Through Dev Narayan Shiksa Samiti Chaksu, Through
Secretary Kajod Mal Gurjar S/o Gangadhar Ji Gurjar R/o
Sanganer, Jaipur
5. Sevanand Private Iti, Tonk, Peplu Raj., Through Its
Society Chetna Sansthan Sanganer Jaipur, Through
Secretary Sita Ram Gujrar S/o Sh. Jagdish Gurjar,
Sanganer, Jaipur
6. Jai Durga Panchwati Private Iti, Bhikampura, Thanaghazi,
Alwar Raj. Through Society Jai Durga Shik, Alwar Raj.
Through Secretary Smt. Rajanti W/o Gokul Ram Meena
R/o Bhikampura, Thanaghazi, Alwar Raj.
7. Kgr Private Iti, Bhanpurkala, Jamwaramgarh, Jaipur
Through Society Kgr Manav Seva Samiti, Through
Secretary Roopchand Gurjar S/o Gasiram Gurjar, Village
Ghata Jaldhari, Tehsil Jamwaramgarh, District Jaipur
8. Sevanand Private Iti, Tonk Near Sawai Madhopur Choraha
Over Bridge, Tonk Rajasthan Through Md Sanst, Through
Secretary Ghanshyam Gurjar S/o Girraj Prasad Gurjar R/o
Sanganer, Jaipur
9. Rajasthan Private Iti, Jamwaramgarh, District Jaipur
Through Society Jai Manav Seva Sansthan, Through
Secretary Mahesh Kumar Gurjar S/o Bhori Lal Gurjar R/o
Village Ghata Jaldhari, Tehsil Jamwaramgarh, District
Jaipur
10. Gurukripa Private Iti, Newai, Tonk Through Society Shri
Guru Kripa Seva Sansthan, Newai, Tonk, Through
Secretary Shotilal Meena S/o Sh. Shankar Lal Meena R/o
Gram Sadri, Tehsil Newai, District Tonk
11. Harphool Pvt. Iti, Tonk Raj. Through Society Dhola Maru
Lok Kalyan And Gramin Vikas Sanbsthan, Ton, Through
Secretary Kesar Lal Gujar S/o Shri Sannwat Ram Ji Gujar,
In Front Of Police Station Sadar Tonk, Near Choudhary
Petrol Pump Nh-12 District Tonk
12. New Girish Pvt. Iti, Civil Lines Dausa Through Society
Deep Sikha Sikshan Sansthan, In Front Of Sar, Through
Secretary Man Singh Meena S/o Moti Lal Meena, R/o
District Dausa Rajasthan
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13. Girija Devi Pvt. Iti Railmagra, Distt. Rajsamand Through
Society B.d. Shiksha Samiti, Through Secretary Prahlad
Sharma S/o Ratan Lal Sharma, Railmagra, Rajsamand
14. Shri Shyam Pvt. Iti, Mandrella Vpo Jhunjhunu, Rajasthan
Through Society Sri Shyam Shiksha Samiti, M, Through
Secretary, Praveen Kumar Son Of Sh. Juglal, Aged 38
Years, Village Sanvlod, Tehsil Buhana, District Jhunjhunu
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001
3. Director General Of Employment And Training Dget,
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 14698/2016
1. Sh. Nemisingh Parmar Pvt. Iti, Bhukabas, Sikri, Tensil
Nagar, District Bharatpur, Through Society S, Bhetana,
Tehsil Deeg, Dist. Bharatpur Through Secretary Ravinder
Pal Singh Parmar S/o. Sh. Nemisingh Parmar, Village
Bhetana, Dist. Deeg, Bharatpur
2. Mehat Pvt. Iti, Sikar Road, Vki, Jaipur Through Society
Mehta Shiksha Samiti, Rajesh Kumar Sharma S/o. Ram
Gopal Sharma, R/o Mehta Pvt. Iti, Sikar Road, Vki Jaipur.
3. Sh. Ratan Singh Pvt. Iti Kumher, Sh. Ratan Singh
Shikshak Parshikshak Sansthan, Kumher Bharatpur Th,
Hariom S/o . Amar Singh Village Sonkh Road, Kumher
Bharatpur
4. Index Pvt. Iti, Chaksu, District Jaipur Through Peoples
Education Society, Jaipur, Through Secretary Sh.
Devendra Kumar Sharma S/o. Jagdish Prasad Sharma,
91-A Prem Nagar, Gurjar Ki Thadi, Jaipur.
5. Vidhya Pvt. Iti, Rashmi , District Chittorgarh Run Gby
Madhuram Education Pvt. Ltd. , Bhilwara, Through
Director Shiv Joshi S/o Ganesh Mal Joshi, Aged About 34
Years, Bhilwara.
6. Vidhya Pvt. Iti, Haled, District Chittoragarh Run By
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Madhuram Education Pvt. Ltd., Bhilwara, Through Director
Shiv Joshi S/o Ganesh Mal Joshi, Aged About 34 Years,
Bhilwara.
7. Mewar Pvt. Iti, Dolatgarh Choraha, Asind, District
Bhilwara Run By Late Azi Devi Seva Samiti, Authorized
Person Surendra Choudhary S/o Sh. Leharu Lal
Choudhary, Aged About 54 Years, Asind Bhilwara
8. Kisan Pvt. Iti, Ward No. 26, Sikar Road, Kuchman City,
District Nagaur Run By Marware Health Care S, Through
Society President Nathu Ram Kadwa S/o Sh. Kishna Ram
Kadwa, Kadwa Kishi Farm, Tehsil Kuchman, District
Nagaur.
9. Shri Dadu Pvt. Iti, Gram Chaushla, Teshil Nawan, Nagaur
Raj Through Society Sant Shri Dadu Dayal G, Through
President Ganpat Ram S/o Heera Ram Kumawat, Aged 38
Years, Pareek Colony , Kuchman City, Nagaur Raj.
10. D.r. Memorial Pvt. Iti, Behind Goshala, Barlon Ka Bass,
Kuchman City, District Nagaur, Rajasthan So, Kuchaman
City, Nagaur Through Secretary Ganpat Ram S/o. Heera
Ram Kumwat, Village And Post Nangawar, Tehsil Nawan,
District Nagaur.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
3. Director General Of Employment And Training Dget
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 15517/2016
1. Virendra Pvt. Iti, Bagri , Laxmangarh District Sikar
Through Society Virendra Bal Vidhya Niketan, B, Village
Bagri, Tehsil Laxmangarh, District Sikar Raj.
2. Marudhar Pvt. Iti, Bhalar, Tehsil Taranagar, District Churu
Through Society Marudhar Shiksha Seva S, Mohalla
Chobdaran, District Jhunjhunu
3. Satyam Private Iti, Palsana Road, Khandela, Sikar
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Through Socity Shikshan Sansthan Sikar Through Se,
Village Dulhepura, Post Prathvipura Via Palsana Distt.
Sikar
4. Neelkanth Pvt. Iti, Chamu, Tehsil Balesar, District Jodhpur
Through Trust Sh. Neelkanth Shikshan Sa, Village Chamu,
Tehsil Balesar, District Jodhpur
5. Shri Imrat Pvt. Iti, Village Ghewara, Tehsil Tinwai, District
Jodhpur Through Trust Shri Samrat Shi, Village Ghewara,
Tehsil Tinwari, District Jodhpur
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary ,
Technical Education , State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W 6, Residency
Road, Jodhpur-342001
3. Director General Of Employment And Training Dget,
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 16639/2016
1. Jai Minesh Pvt. Iti Through Society Samudaik Jankalyan
Sansthan Through Secretary Bharat Lal Meena S, Tehsil
Chaksu, District Jaipur Raj.
2. Anand Pvt. Iti, Alwar Vpo Karana Through Society Anand
Shiksha Samiti Village Karana, Tehsil Bansur, Vpo Karana,
Narayanpur, Alwar
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W 6, Residency
Road, Jodhpur 342001
3. Director General Of Employment And Training Dget,
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 17802/2016
Raj Taigore Private Iti, Taigore Marg, Kila Road Through Society
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Raj Taigore Shikshan Sanstha, Naga, Rinya Badi, Thanwala,
Nagaur Raj.
----Petitioner
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001
3. Director General Of Employment And Training Dget,
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 18052/2016
1. Triveni Pvt. Iti, Dhawali, Samod Road, Dhawali, Shahpura,
Jaipur Through Society Grah Kala And Shik, Village
Nayan, Teshil Sahpura, District Jaipur
2. Shri Krishna Pvt. Iti, Near Saini Sabha, Adarsh Nagar,
Kothputli, Jaipur Through Society Shri Krish, Adarsh
Nagar, Shakti Vihar, Kothputli, Jaipur
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001
3. Director General Of Employment And Tranining Dget,
Ministry Of Labour And Employment, Govt. Of India,
Shram Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 1549/2017
Radhika Pvt. Industrial Training Institute Ambari Road, Dooni,
Dist. Tonk Raj. Running By Radhik, V/p Dhuaa Kala Th. , Dooni,
District Tonk
----Petitioner
Versus
1. State Of Rajasthan Through Principal President, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
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Road, Jodhpur-342001
3. Directorate General Of Employment And Training D.g.e.t.
Ministry Of Labour And Employment, Govt. Of, Shram
Shakti Bhawan, Rafi Marg, New Delhi
----Respondents
S.B. Civil Writ Petition No. 8239/2017
1. Shukla Pvt. Iti, Pratapgarh Road, Thanaghazi, Alwar
Through Society Pandit Rdnk Memorial Society Fo, R/o.
Rajendra Prasad Shukla, R/o. Pratapgarh Road,
Thanaghazi, Alwar Raj.
2. Agrasen Private Iti, Swai Ganj Moad, Kota Highway Road,
Sawaimadhopur, Through Society Prince Educa, Resident
Of Bajariya Sawai Madhopur Raj.
3. Lotus Pvt. Iti, Jodhraj Choraha, Bhilwara Through Society
Amratlal Khemka Memorial Sansthan, Bhilwa, R/o.
Bhilwara Raj.
4. Jaipur Pvt. Iti, Village Lali, Jamwaramgarh, District Jaipur
Through Society Sh. H.s. Memorial Educ, R/o. Village
Basna, Tehsil Jamwaramgarh, District Jaipur Raj.
5. Sankalp Pvt. Iti, Vpo Pokaran, Mandal, Pokaran, District
Jaisalmer Through Society Sankalp Shikshan, R/o.
Ganeshpura, Post Losal, District Sikar Raj.
6. Sankalp Pvt. Iti, Salasar Road, Salasar Churu Society
Sankalp Shikshan Samiti, Ganeshpura, Panchaya, R/o.
Ganeshpura, Post Losal, District Sikar Raj.
7. Vikas Pvt. Iti, 27 Prem Nagar, Digari, District Jodhpur
Through Society Gugadwal Shikshan Sansthan, R/o. 27
Prem Nagar, Behind Marwar School, Digari Kala, Jodhpur
Raj.
8. Gurukripa Pvt. Iti, Dungarpur Through Society Shri
Narayan Shiksha Seva Samiti Pedth, Rati Ka Phala, R/o.
96, Rati Ka Padha, Pedth, Dungarpur Raj.
9. Yash Pvt. Iti, Dungarpur Through Society Satkar Shiksha
Evam Chikitsa Seva Sansthan, Dungarpur Thro, R/o.
Ward No. 2, Navadera Choraha, Dungarpur Raj.
10. Ranjeet Pvt. Iti, Tijara, District Alwar, Through Society
Ranjeet Odyogik Prashikshan Sansthan, Tij, R/o. Ward
No. 15, Tijara Bypass Road, Tijara, District Alwar Raj.
11. Combridge Pvt. Iti, Asind, Bhilwara Through Society Shri
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Bharti Vidhya Bharti Sansthan Through Secr, R/o. Pratap
Nagar, Asind District Bhilwara Raj.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
----Respondents
S.B. Civil Writ Petition No. 12667/2017
1. Shri Ram Krishan Pvt. Iti, Kaprene, District Bundi Through
Society Shri Rama Krishan International, R/o. Village
Kaprene, District Bundi Raj.
2. Indergarh Pvt. Iti, In Front Of Balaji Mandir, Karwar Road,
Kalywani Kheda, Indergarh, Nenwa, Bundi, R/o 23 Adarsh
Meena Colony, Dausa Raj.
3. Bharat Pvt. Iti Neemkathana, District Sikar, Through
Society Rukmani Devi Kohsal Vikas Samti, Neeka, R/o
Vpo Mohanpura, Tehsil Kotputli, District Jaipur Raj.
4. Balaji Pvt. Iti, Plot No.-3, 4, 4A, Anandpuri Colony, Kalwar
Road, Jhotwara, Jaipur Through Society, Resident Of
Kalwar Road, Jhotwara, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur.
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001
----Respondents
S.B. Civil Writ Petition No. 24198/2017
1. Shree Shyam Private Iti, Tiwari Mohalla, Baswa Road,
Bandikui, District Dausa Through Society Chetna Vikas
Sansthan, Bandikui Through Secretary Ramavtar Saini
S/o. Badri Prasad R/o. Behind Saini Adarsh Mandir,
Bandikui, Dausa.
2. Apex Pvt. Iti, Ward No. 4, Sheen Nagar Industrial Area,
Neem Ka Thana, District Sikar Through Society Apex
Shod And Viksa Sansthan, Neenkataha, Sikar Through
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Secretary Rampyari Devi W/o Sh. Chiranji Lal Yadav, Aged
32 Years, R/o Apex Pvt. Iti Neem Ka Thana, Sikar Raj.
3. I.s. Pvt. Iti, 36-37. Officers Enclave, Kalyanpura,
Mansarover, Jaipur Through Society Is. Shiksha Samiti,
Kalyanpura, Jaipur Secretary Smt. Sunita W/o. Dr. Sanjay
Poonia Through Secretary Kalyanpua Mansarover, Jaipur.
4. Keshav Prviate Iti, Bandanwara District Ajmer Through
Society Keshaw Jan Kalyan Trust Bhianaai Through
Secretary Mahesh Chand Sharma S/o Rmachandra
Sharma Bandwawara Ajmer
----Petitioners
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur.
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-324001.
----Respondents
S.B. Civil Writ Petition No. 4538/2018
Shubham Vidhya Bharti Private Iti, Jethana Through Society
Shubham Vidhya Bharti Samiti, Through Di, R/o Village Jethana,
District Ajmer.
----Petitioner
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur.
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur 342001
----Respondents
S.B. Civil Writ Petition No. 17413/2018
Shri Krishna Private Iti, Opp. Raj Place Hotel, Nagaur Road,
Degana, District Nagaur Through Society New Krishna Shiksha
And Anusandhan Samiti, Degana Nagaur Through Secretary
Chhailaram S/o. Mahendra Rar, Aged 30 Years, R/o.
Dugorachala, Degana District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
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2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
----Respondents
S.B. Civil Writ Petition No. 1440/2019
Ganpati Pvt. Iti, 128, Jms Nagar, Niwaru Road, Jaipur Through
Society Bb Memorial Kalyan Sansthan Jaipur, Through Smt.
Manjula Sharma W/o. Arjun Singh Budania, Aged 62 Years, R/o.
D-1-K-5, Krishna Colony, Khatipura Road, Jaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
----Respondents
S.B. Civil Writ Petition No. 19321/2019
Krishna Pvt. Iti, Opp. Rajesh Pilot College, Shyampura Road,
Lalsot, District Dausa Through Society Late Narayani Devi Shiksa
Samit, Through Secretary Mukesh Kumar Sharma S/o. Ram
Niwas Sharma, Aged 35 Years, R/o. Nehru Colony, Lalsot Dausa
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
Road, Jodhpur-342001.
----Respondents
S.B. Civil Writ Petition No. 7586/2020
Brcm Private Iti, Mahapura, Ajmer Road, Jaipur Through Society
Vinayak Shiksha Samiti, Jaipur Through Secretary Tara Chand
Meena S/o. Sh. Jagdish Prasad Meena, Aged 35 Years R/o.
Kishorpura, Nangal Rajwatan, District Dausa (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director, Technical Education, Rajasthan, W-6, Residency
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Road, Jodhpur-342001.
----Respondents
S.B. Civil Writ Petition No. 14028/2020
1. Raj Private Iti Dataramgarh Road, Khoor, Distt. Sikar,
Rajasthan, Under Modern Public Shikshan Sansthan
Khoor, District Sikar, Through Secretary Jiwan Ram Son
Of Shri Ramlal, Aged About 68 Years R/o Lalas Nagaur,
Nawa, Rajasthan 341509
2. Saraswati Private I.t.i, Aniruddha Nagar, Dist. Bharatpur
Rajasthan,under Saraswati Shikshnaaly Samiti Aniruddha
Nagar Bharatpur, Through Secretary Rajendra Singh S/o
Nem Singh Aged About 50 Years R/o 16, Aniruddha
Nagar, Dist. Bharatpur Rajasthan
3. Genus Pvt. I.t.i, New Address, Village Toderwas Panchayat
Samiti, Nangal Khanjaddi, Tehsil Laxmangarh, District
Alwar (Raj) Under Genus Shikshan Samniti Khanpur,
District Jhalawar (Raj) Through Secretary Chandan Singh
S/o Shri Natthi Singh Aged About 27 Years R/o Behind
Kiran Nursing Home, Near Durga Temple, Nidhivan Nagar,
District Dausa (Raj)
4. Techno Pvt. I.t.i, Old Address Jhalawar, Dist. Jhalawar
(Rajasthan) New Address- Khasara No. 202/232, Jhirniya
Chouki, Rain Bsera Road, Jhalawar (Raj) Under Akasha
Shiksha Evam Samiti District Kota (Raj) Through
Chairperson Gayaas Ahmed Khan S/o Abdul Guffar Khan
Aged About 57 Years R/o 24 Vaibhav Nagar Police Line
Road, Kota Rajasthan
5. V.d. Private Industrial Training Institute, Old Address
Chak, Daulatpur Chiksana Bharatpur (Rajasthan) New
Address Khasara No. 381Chak, Daulatpur Chiksana,
Bharatpur (Rajasthan) Under Banke Vihari Shikshan
Sansthan Through Secretary Kaushlendra Singh S/o Nem
Singh Aged About 36 Years R/o Aniruddh Nagar,
Bharatpur, District Bharatpur (Rajasthan)
6. Gaurav Private I.t.i, Near Indian Gas Godown Bhagwan
Pura, District Alwar, Rajasthan Under Bhartiya Shiksha
Avm Seva Samiti, Through Secretary, Sushima Rajput D/o
Sumer Singh Aged About 32 Years R/o E/257,
Mansarower Colony, Kala Kaun, District Alwar Rajasthan
7. Rajasthan Private Iti, Deepura Sikar Road, Kuchaman
City, Distt. Nagaur, Rajasthan, Under Satyemev Sanskrit
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Shikshan Sansthan Bhun Ka Bas, Dataramgar, Through
Secretary Jiwan Ram Son Of Shri Ramlal Aged About 68
Years R/o Lalas Nagaur Nawa, Rajasthan 341509
8. Pushpawati Private Iti, Japura, Tehsil Baswa Via Bandikui,
District Dausa, Rajasthan, Through Managing Trustee Shri
Narendra Sharma S/o Late Shri Jagdish Prasd Sharma
Aged About 39 Years R/o Rajeev Vihar, New Sanganer
Road, Mansarovar, Jaipur Rajasthan
9. Brcm Private Iti, Mahapura Ajmer Road, District Jaipur
Rajasthan, Under Vinayak Shiksha Samiti, Dist. Jaipur,
Through Chairman, Dinesh Kumar Meena S/o Ganga Ram
Meena, Aged 28 Years R/o Nagal Rajawtaan, District
Dausa Rajasthan
10. Balaji Private Iti Bhilwara, Ram Guffa Ki Ghati Ke Pass
Badnor Bhilwara Under Shri Deendyal Sharma Memorial
Shikshan Anusandhan Avm Seva Sansthan, Beawar,
Ajmer, Through Chairman Sarita Kantia W/o Ajay Prakash
Kantia, Aged 55 Years R/o 42 Ganpati Nagar, Sankhala
Colony College Road, Beawar Ajmer Rajasthan
11. Mansarovar Private Iti, Rajeev Vihar Mangyawas New
Sanganer Road, Mansarovar, Rajasthan Under Abhudya
Jan Kalyan Sansthan Kota Through Secretary N.k.
Sharma S/o Jagdish Prasad Sharma Aged About 38 R/o
Opp. Sant. Anslam School, New Sanganer Road,
Mansarovar Jaipur Rajasthan
12. Vardhman Private Iti, Rajaji Ka Kerera Bhilwara Under
Smiling Faces Shri Bd Sharma Memorial Educational And
Medical Society, Beawar Ajmer Rajasthan Through Smita
Pathak W/o Suprateek Pathak Aged 54 Years R/o Ashakay
Nagar Paani Ki Tanki Pass Beawar Ajmer Rajasthan
13. Ganpati Private Iti, Sarmaliya Chouraha, Beawar Ajmer
Under Shri Deendayal Sharma Memorial Shikshan
Anusadhan Avm Seva Sansthan, Beawar, Ajmer, Through
Chairman Sarita Kantia W/o Ajay Prakesh Kantia, Aged 55
Years R/o 42 Ganpati Nagar, Sankhala Colony College
Road, Beawar Ajmer Rajasthan
14. Maharshi Angira Private Iti Vpo Nangal, Rajawatan,
District Dausa, Rajasthan,under Shri Viswkarama Aadarsh
Seva Samiti, Tehsil Dausa, District Dausa, Rajasthan
Through Secretary Ram Khiladi Meena S/o Radha Kishan
Meena Aged About 59 Years R/o Ward 3, Goad Factory Ke
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Piche, Guni Wali Dhani, Dausa Khurd District Dausa
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, State Of Rajasthan, Jaipur
2. Director Technical Education, State Of Rajasthan, W-6,
Residency Road, Jodhpur 342001
3. Directorate General Of Training (Dgt, Ministry Of Skill
Development And Entrepreneurship, 1St Floor Cirtes
Building, Pusa Campus, Pusa, New Delhi 110012
----Respondents
For Petitioner(s) : Mr.Khurshid Ahmed Khan.
Mr.Shree Ram Dhakar.
Ms.Sunita Sharma.
For Respondent(s) : Mr.R.D. Rastogi, ASG with Mr.Ashish
Kumar & Ms.Manjeet Kaur.
Mr.C.L. Saini, AAG.
Mr.Hari Kishan Saini, Dy.GC.
Mr.Pawan Pareek.
(Through Video Conferencing)
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
02/12/2020
These writ petitions have been filed by the petitioners-
private Industrial Training Institutes (ITI) providing Vocational
Training to students in different trades. The petitioners feel
aggrieved by the condition imposed by the respondents relating to
give performance bank guarantee of Rs.50,000/- for each
trade/per unit.
Learned counsels appearing for the petitioners-Mr. Khurshid
Ahmed Khan, Mr. Shree Ram Dhakar, submitted that the
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petitioners-institutions are duly affiliated with National Council for
Vocational Training (NCVT) for imparting education by admitting
the students in their colleges and requisite permissions have been
sought from the Directorate, General of Employment & Training,
Ministry of Labour and Employment, Government of India as well
as from the Director, Technical Education, Rajasthan.
Learned counsels for the petitioners submitted that the
grievance raised by the petitioners is in respect of insistence of
giving performance bank guarantee without having any proper
sanction by the Competent Authority.
Learned counsels for the petitioners have raised following
issues before this Court:-
1) The letter dated 25.04.2018 was issued by Deputy Director
of Training, Ministry of Skill Development & Entrepreneurship,
Directorate General of Training, Government of India, New Delhi,
deciding to roll back the earlier letter issued by the DGT on
11.08.2014 of not compelling the ITIs' to deposit any security
money. Learned counsel submitted that the letter dated
25.04.2018 cannot be given retrospective effect as the earlier
letter dated 11.08.2014 had restrained the State Government of
providing additional norms and as such without seeking prior
permission of additional norms of Bank Guarantee from
NCVT/DGT, such condition could not have been imposed.
2) The instruction issued by the State Government was without
complying with the directions of the Central Government, as no
fresh circular was issued by the Directorate of Technical Education,
Rajasthan and only an information dated 04.06.2018 was
published asking the ITIs to give the bank guarantee for new
trade/unit.
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3) The circular issued by the State Government dated
03.01.2006 was in respect of only for establishing new private ITIs
and not for running/existing institutes and as such only those
colleges which were to be established for the first time after 2006,
could have been asked to give the performance bank guarantee.
4) Learned counsel for the petitioners submitted that, the
decision of asking the bank guarantee, could only be taken by the
Authority after following the due process of law like issuing
notification, etc and in absence of same, the action of respondents
is vitiated in eyes of law.
Learned Additional Solicitor General-Mr. R.D. Rastogi,
submitted that the letter issued by the Government of India dated
25.04.2018 was based on a decision taken in the NCVT, Sub
Committee Meeting held on 27.03.2018 and the earlier letter
issued by the DGT was rolled back and as such same will apply
from the initial date i.e. August, 2014.
Learned ASG submitted that the issuance of letter dated
25.04.2018 is only a procedural law and the same can be
withdrawn without taking away/affecting anybody's right. Learned
ASG submitted that insistence of bank guarantee was to be
complied with by the institutes since their inception. Learned ASG
further submitted that the State Government was required to
comply with the directions issued by the Central Government and
issuance/non issuance of circular can be at the most be termed as
a ministerial work and on such account, the action of the State
Government cannot be termed as arbitrary.
Learned Addl. Advocate General, Mr. C.L. Saini and learned
Dy. G.C.-Mr. Hari Kishan Saini appearing for the State, submitted
that the petitioners have not challenged the notification dated
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03.01.2006 and as such they are estopped from challenging the
condition of depositing the performance bank guarantee.
Learned counsel for the respondent-State further submitted
that the State Government after issuance of letter dated
11.08.2014 had requested the Central Government for insistence
of depositing the Bank Guarantee by private ITIs and on request
of the State Government, the Central Government issued the
letter dated 25.04.2018 permitting them to compel the ITIs to
deposit the security/bank guarantee.
Learned counsel submitted that the interpretation made by
the petitioners of giving bank guarantee only by the colleges
established after 2006 is a mis-interpretation of circular dated
03.01.2006 and directions were issued by the Government that all
colleges who want to establish new private ITIs or
running/existing ITI Colleges, were required to give the
performance bank guarantee.
Learned counsel further submitted that the State has taken a
decision to insist for the bank guarantee for the purpose of
security of the students, who are imparted training and in case
any college does not comply with the conditions of affiliation, the
State Government can take care of the students, who are already
admitted.
I have heard the learned counsel for the parties and perused
the material available on record.
This Court, deems it appropriate to quote the circular dated
03.01.2006 issued by the Directorate of Technical Education, Govt.
of Rajasthan, wherein condition No.VIII specifically provided that
the private ITIs were required to deposit irrevocable bank
guarantee of Rs.50,000/- per unit.
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The condition No.VIII is quoted hereunder:-
"(viii) 50]000 :i;s izfr O;olk; ds fglkc ls funs"kd] izkfof/kd f"k{kk
tks/kiqj ds i{k esa Irrevocable cSad xkj.VhA"
This Court further deems it proper to quote the letter dated
11.08.2014 issued by the Government of India addressed to
Directorate of Technical Education, Jodhpur wherein it was
informed that the States were not to insist or frame any additional
norms without prior permission of NCVT/DGT for trades/units
affiliated with the NCVT. The said letter also requested the State
Government to discontinue the exercise of requiring/furnishing
the bank guarantee and any other conditions framed by the State.
The letter is quoted hereunder:-
"To,
The Director,
Directorate of Technical Education,
W-6, Residency Road, Jodhpur-342001
Subject:- Removal of additional norms
framed by State Government(s).
Sir,
I wish to inform you that meeting of
Sub-Committe of NCVT was held on 31.07.2014
wherein issue of that additional norms framed by
State of Rajasthan to deposit Performance Bank
Guarantee @ Rs.50,000/- per unit for affiliated
trades from NCVT was discussed as an agenda
item No.3. The Sub-committee deliberated the
issue and decided to advise states not to frame
any additional norms without prior permission of
NCVT/DGE&T for trades/units affiliated with NCVT.
In this regard, you are requested to
discontinue this exercise and others, if any.
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Yours faithfully,
Director of Training "
This Court further thinks necessary to quote the letter dated
25.04.2018 issued by Government of India whereby the matter
was again reviewed in NCVT Sub Committee Meeting held on
27.03.2018 and it was decided to roll back the letter issued by the
DGT of not to compel the ITIs to deposit any security money.
The letter dated 25.04.2018 is quoted hereunder:-
"To
All the State Directors/Uts
(List enclosed)
Subject: Security deposit by the State of
Rajasthan & other States.
Sir,
I am directed to inform you that, the
following decision was taken in the NCVT sub-
committee meeting dealing with affiliation matters
held on 27.03.2018.
"Since day to day administration of ITI rests
with the respective State Directorate" it was decided
to roll back the letter issued by DGT earlier of not to
compel the ITIs to deposit any security money."
In view of the above you are requested to
issue circular from your Directorate to this effect."
This Court further deems necessary to quote the information
issued by the Directorate of Technical Education, Rajasthan,
Jodhpur on 04.06.2018, whereby the private colleges were
required to deposit bank guarantee and format was also given
alongwith the application form to be submitted by the private ITIs.
The information so published by the State of Rajasthan is quoted
hereunder:-
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"fu;ekuqlkj :i;s 50]000@& izfr ;wfuV ds fglkc ls dqy
jkf"k dh Irrevocable cSad xkj.Vh jk'Vªh;d`r cSad ls ¼layXu izk:i
vuqlkja½ 100@& :i;s ds uksu&T;qfMf"k;y LVkEi isij ij ftldh
vof/k 5 o'kZ gks rFkk ''Director Training, Directorate of Technical
Education, Jodhpur'' ds i{k esa gks layXu djsaA
¼:i;s 50]000& X Lohd`r dqy ;wfuVksa dh
la[;k------------------------------------------------------ - = +dqy
:i;s---------------------------------------------- dh cSad xkj.Vh½ "
The first issue to be decided by this Court is with regard to
applicability or requirement of bank guarantee to be given by the
private ITIs for establishing/running the private ITIs Colleges.
This Court finds that the Government of India vide letter
dated 11.08.2014 after discussing the issue in the meeting of
Sub-Committee of NCVT found that the additional norms framed
by the State of Rajasthan to deposit the performance bank
guarantee @Rs.50,000/- per unit, was not in consonance with the
guidelines issued by the Government of India and States were
advised not to provide additional norms without prior permission
of NCVT/DGE&T. The said decision of the Government of India
made it very clear that the Directorate of Technical Education,
Jodhpur was not to insist for bank guarantee, as the matter was
already deliberated in the meeting of NCVT. The letter dated
11.08.2014 in fact restrained the State Government from asking
the private ITIs to give bank guarantee and as such, the institutes
which were already running or which wanted to establish new
Colleges after issuance of letter dated 11.08.2014, were not under
any legal obligation to give bank guarantee, if demanded by the
Authorities.
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This Court further finds that the Government of India again
discussed the matter and took the decision in NCVT Sub-
Committee dealing with the affiliation that the earlier letter was
decided to be rolled back where the States were not to compel the
ITIs to deposit any security money.
The issuance of letter dated 25.04.2018 made it very clear to
all the Authorities of the State as well as to the Colleges which
wanted to establish/run private ITIs that the State was within its
domain to ask for performance bank guarantee to be given by the
private ITIs. The letter dated 25.04.2018 made it very clear to the
State Government has full competence to ask for the security
money/bank guarantee from the private ITIs and as such the
Government of India, had no reservations about the bank
guarantee which was to be given by the private ITIs.
This Court finds that the letter dated 25.04.2018 clearly gave
power to the State Government to seek compliance of giving bank
guarantee and accordingly State Government, in a right manner
issued the information on 04.06.2018 whereby all colleges who
were running private ITIs, were required to give the bank
guarantee of Rs.50,000/- for each unit and the said bank
guarantee was to be given on a non judicial stamp paper for a
period of five years in favour of Director Training, Directorate of
Technical Education, Jodhpur.
This Court finds that insistence of the Authorities to give the
performance bank guarantee from the Academic Session 2018
onwards cannot be termed as illegal or arbitrary in any manner.
This Court does not find any substance in the submission of
learned counsel for the petitioners that the institutes/private
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colleges, who were to be established after 2018, were alone
required to give bank guarantee.
This Court finds that all colleges either they were already
running or if new colleges were to be set up, the requirement of
bank guarantee, was to be complied with by all such institutes.
The submission raised by learned counsel for the respondents
that since the letter dated 25.04.2018 was only procedural in nature and further the Government of India had decided to roll back the letter issued earlier and as such it would have retrospective effect, this Court does not find any substance in the said argument.
This Court finds that the Government of India itself on 11.08.2014 decided to advise the States not to frame any additional norms without prior permission of NCVT, it cannot be said that after issuance of letter dated 11.08.2014, the Government of India again revived the condition with retrospective effect by issuing the letter dated 25.04.2018.
This Court also does not accept submission raised by learned ASG that the requirement of depositing the bank guarantee is a procedural law and it will have a retrospective effect.
The requirement of giving bank guarantee for having affiliation from Competent Authority asking any college to deposit the bank guarantee of Rs.50,000/- is a substantial compliance for running an institution and if the Authorities i.e. Government of India and the State Government were themselves deliberating the matter for almost four years, it cannot be termed that the condition of giving bank guarantee should be treated as a procedural in nature.
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(22 of 23) [CW-7378/2020] There is no qualm on the proposition that any college if want to have recognition or affiliation from Competent Authorities, has to comply with such conditions which are set out for the purpose of running an institution. However if the Authorities themselves take decision from time to time affecting the conditions of affiliation, the institutions will apply as per prevailing condition and they will be governed by the same.
This Court is afraid to accept the submissions made by learned ASG-Mr. R.D. Rastogi, that the condition of giving the bank guarantee, has to be read right from its inception. This Court finds that the challenge of the learned counsel for the petitioners to the extent that no prior circular was issued and as such the State Government even in 2018, could not have asked for bank guarantee by way of information, the said contention is noted to be rejected. The State Government if has given information, the same is sufficient compliance of the directions given by the Central Government. The circular which was required to be issued, is deemed to be issued by the State Government in the form of information and the necessary condition attached, with the application form, in a proper format and as such it cannot be said that the State Government could not have asked the colleges to give bank guarantee only by way of information. This Court does not find any substance in the submissions of the learned counsel for the petitioners that the Director of Training, Govt. of Rajasthan has published online circular regarding security deposit by DGE&T by referring letter dated 22.05.2018 and no separate notification was published and issued. This Court accordingly finds that all those colleges which were newly established or running during the period from 2014 to 2018, (Downloaded on 08/12/2020 at 09:19:38 PM) (23 of 23) [CW-7378/2020] could not have asked to give bank guarantee. This Court further holds that all those colleges, which wanted new establishment or those who were already running from the Academic Session 2018 onwards, were required to give the bank guarantee of Rs.50,000/- for each trade and as such no illegality is found in the action of the respondents for insisting to give bank guarantee from the Session 2018 onwards.
Accordingly, all these writ petitions are disposed of with the following directions:-
(i) That the colleges which were covered during the period for the Session 2014 to 2017, could not have been compelled to give bank guarantee.
(ii) That the private ITIs colleges which were established or which were already running from the Session 2018 onwards, are required to give bank guarantee as desired by Government of India and implemented by the Government of Rajasthan.
(iii) The interim orders passed by this Court in respect of petitioner-Colleges established or running prior to 2018 will govern their cases & no insistence will be made to pay bank guarantee and all those Colleges which have got interim orders for the Session 2018 onwards, will have to deposit the bank guarantee as desired by the respondents.
A copy of this order be separately placed in each petition.
(ASHOK KUMAR GAUR), J Himanshu Soni/Ramesh Vaishnav/49-66 (Downloaded on 08/12/2020 at 09:19:38 PM) Powered by TCPDF (www.tcpdf.org)