Delhi High Court - Orders
Cps Private Iti vs Directorate General Of Training on 23 March, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3671/2021 with CM APPL. 11128/2021
CPS PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat, Advocate
versus
DIRECTORATE GENERAL OF TRAINING ..... Respondent
Through: Mr. Ghashyam Mishra, CGSC
alongwith Mr. Akshat Singh GP
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 23.03.2021 The proceedings in the matter have been conducted through hybrid system (physical and virtual hearing).
1. Further to the order dated 22.03.2021, Mr. Ghashyam Mishra, learned counsel for the Union of India, submits that he has been unable to take instructions. However, having regard to the fact that the petitioner is placed in the same position as the petitioners in various other petitions which have already been disposed of, the present petition can also be disposed of in the same terms.
2. The aforesaid minutes, as far as the petitioner is concerned, record the observations of the Joint Inspection Committee as follows:
"Electrician:
1. Approximate 2% shortage in availability of hand tools.
2. Motor generator set AC to DC found not working properly.
Oil testing machine not working properly.
Plumber:
1. Pipe bending machine found out of order.Signature Not Verified Digitally signed By:SHITU NAGPAL W.P.(C) 3671/2021 Page 1 of 4 Signing Date:26.03.2021 13:28:24
2. 05 nos. screw driver 250mm found short. Fitter:
1. Tool Machinery and space available only for 02 Units (1 +1)
2. One Lathe Machine not working properly. Mechanic Diesel:
1. Approximate 3% shortage in availability of hand tools.
2. Hose pipe of portable air compressor not available. Radiology Technician:
1. X-ray machine was out of order.
Other Observations:
Flooring of class Rooms and IT Lab is not of good quality. Writing boards in some class Rooms were small in size and not of appropriate quality.
There was no proper lighting arrangement in Works"
3. It is further recorded that the Recommendation Committee thereafter observed as follows:
"On Account of Deficiency of Joint Inspection and recommendation of the State Directorate, the ITI to be de- affiliated."
4. The petitioner assails the aforesaid order of de-affiliation on the ground that it is an un-reasoned order and that it was passed without issuance of any show cause notice to the petitioner.
5. Mr. Sanjay Sharawat, learned counsel for the petitioner, relies inter alia upon the orders of this Court dated 21.12.2020, passed in W.P.(C) 8871/2020 and 8873/2020 wherein, in similar circumstances, this Court quashed the orders of de-affiliation, with liberty to the Directorate General of Training to issue a show cause notice stating the grounds thereof and passing a reasoned order. The relevant extracts of the aforesaid order in W.P. (C) 8871/2020 are as follows:
"xxxx xxxx xxxx Signature Not Verified Digitally signed By:SHITU NAGPAL W.P.(C) 3671/2021 Page 2 of 4 Signing Date:26.03.2021 13:28:24
8. It is manifest that the impugned order dated 22.10.2020 has been passed without compliance of principles of natural justice and without giving a proper opportunity to the petitioner. No show-cause has been issued and no reasoned order has been passed. Further, there is a breach of the order of this Court passed on 21.10.2019 in WP(C) No.4936/2019 which required passing of a reasoned order after a hearing. The order is clearly vitiated.
9. Accordingly, the impugned order dated 22.10.2020 is quashed. The respondent is free to issue a show-cause notice to the petitioner spelling out the grounds on which the respondent proposes to de-affiliate the petitioner. Needful be done within four weeks from today. The petitioner will file a reply within three weeks thereafter. The respondent may thereafter dispose of the said show-cause notice by passing a reasoned speaking order which will be duly communicated to the petitioner. The entire exercise may be completed by the respondent within four months from today.
10. The petitioner will be allowed to participate in the on- going counselling for the present year. All consequential steps of opening the portal, etc. shall be taken by the respondent.
xxxx xxxx xxxx"
6. Keeping in mind the nature of the order passed in the present case also, the aforesaid order is squarely applicable. Therefore, the impugned recommendation dated 19.01.2021 is hereby quashed, as far as the petitioner is concerned. The directions given in paragraph 9 of the order extracted above will apply to the case of the present petitioner as well.
7. It is stated by Mr. Sharawat that on account of the de-affiliation, the petitioner has been precluded from uploading the data of 100 trainees admitted for the academic year 2020-2021, as the respondent-Directorate General of Training had closed its portal. It is directed that the petitioner Signature Not Verified Digitally signed By:SHITU NAGPAL W.P.(C) 3671/2021 Page 3 of 4 Signing Date:26.03.2021 13:28:24 be allowed to access the NCVT MIS portal to upload the data of its aforesaid 100 trainees, pending the conclusion of proceedings under paragraph 9 of the aforesaid order. The respondent is directed to take action in terms of this order within one week from today.
8. The writ petition alongwith pending application is disposed of in the terms aforesaid.
PRATEEK JALAN, J MARCH 23, 2021 'j'/s Signature Not Verified Digitally signed By:SHITU NAGPAL W.P.(C) 3671/2021 Page 4 of 4 Signing Date:26.03.2021 13:28:24