Rajasthan High Court - Jodhpur
Mother India Pvt. Iti vs State Of Rajasthan (2023:Rj-Jd:21187) on 13 July, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:21187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3647/2022
Mother India Pvt. Iti, (Old Address) Plot No. 14, Shakti Nagar,
Dadabari, District Kota (Ne Address) Bandikui, Tehsil Baswa,
District Dausa Through Society I.p.s. Academy Education Society
Kota Through Secretary Hariom Meena S/o Shri Ram Jeevan
Meena, Aged About 28 Years, R/o Village Dhigarya Kapoor, Tehsil
Baswa, District Dausa (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Technical
Education, Secretariat, Jaipur.
2. The Director, Directorate Of Technical Education, W-6,
Residency Road, Jodhpur (Rajasthan).
3. The Director, Training, Directorate Of Technical Education,
W-6, Residency Road, Jodhpur (Rajasthan).
4. The Commissioner (See), Commissionerate Of Skill,
Employment And Entrepreneurship Department,
Rajasthan, Koushal Bhawan, Emi Campus, J-Ba, Jhalana
Industrial Area, Jaipur.
5. Director General (Affiliation), Prashikshan
Mahanideshalaya, Skill Development And
Entrepreneurship Ministry, Room No. 105, Ist Floor, Cirtus
Building, Iari Campus, Poosa, New Delhi- 110012.
----Respondents
For Petitioner(s) : Mr. Bharat Singh Rathore for
Mr. Mahaveer Bishnoi
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. S.G.
Mr. Manish Vyas, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 13/07/2023
1. Learned counsel for the parties jointly submit that the controversy involved in the present matter is squarely covered by (Downloaded on 12/11/2023 at 02:35:56 AM) [2023:RJ-JD:21187] (2 of 4) [CW-3647/2022] the decision of this Court rendered in Smt. Banwari Devi Pvt.
ITI Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.2363/2022) along with other connected matters, decided on 05.07.2023, relevant portion of which reads as under:-
"7. At the outset, this Court deems it appropriate to reproduce the relevant portions of Instruction 3.5 of the Affiliation Norms for ITIs Year-2018, Agenda Item No. 7.08 of the 6th/7th Meeting of Recommendation Committee DGT held on 27.08.2019 and the inspection report dated
06.09.2019; the same are reproduced as hereunder:
Instruction 3.5 :
"Instructions for 3.5
i) If any existing institute relocates to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then institute shall be de-affiliated and not be allowed to re-affiliate for minimum period of 3 years from the date of de- affiliation.
ii) While relocating the institute to a new location, institute shall ensure all trainees enrolled complete the training duration and no fresh admissions are admitted.
iii) If any institute relocates without following NCVT norms or prior written approval of the DGT/State Directorate, criminal proceedings may be initiated against the management of the Institute.
iv) While re-affiliation of the institute, they may utilize all movable existing equipment, machinery, tools etc. The exemption will be given for the following conditions:
All the tax invoices of machinery, equipment and tools shall not be older than 6 months from the date of application."
Agenda Item No. 7.08 :
"Agenda Item no.7.08 SHIFTING OF ITI's It was proposed before the committee that shifting of ITIs shall be allowed within the block only, keeping view of mobility of (Downloaded on 12/11/2023 at 02:35:56 AM) [2023:RJ-JD:21187] (3 of 4) [CW-3647/2022] students undergoing training. In case of urban areas, the shifting shall be allowed only within municipal/corporation limits from Session 2019 onwards.
After detailed discussion, the committee approved the aforesaid proposal."
Inspection Report dated 06.09.2019 :
"I.T.I. cUn gks xbZ gS A dksbZ Hkh fcfYMax ugha ik;h xbZ A dsoy ,d cksMZ yxk feyk A yksxkssa us crk;k fd ITI dh txg Hotel cu x;k gSA fn;s Mobile No.ij ckr ugha gks ik;h A"
8. This Court observes that the petitioners-Institutes, which were the duly affiliated Industrial Training Institutes, have been granted affiliation by the respondents, for Unit in Trade of Electrician. Thereafter, the application for shifting from old location to the new location were moved by the petitioners, before the respondents. In the meantime, the respondents conducted the routine inspection of ITI Institutes including the petitioner-Institute (in S.B. Civil Writ Petition No. 2363/2022) at the old location, and the same were found closed. Thereafter, the respondent no.5 vide impugned letter dated 17.11.2021, de-affiliated 127 private ITI Institutes in total, in the State of Rajasthan, including the petitioner- Institute w.e.f. August 2021.
9. It is informed by learned counsel for the respondents that the petitioners-Institutes have relocated themselves before obtaining the due approval for that purpose; the same clearly amounts to violation of the duly prescribed norms.
10. This Court also observes that as per Instruction 3.5 of the Affiliation Norms For ITIs Year-2018, in case any existing institute relocates itself to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then such institute shall be de- affiliated and would not be allowed to get re-affiliation for a minimum period of three years from the date of de-affiliation. 10.1. In the present case, the petitioners-Institutes have not been granted due permission for relocation in question, and therefore, the impugned action of the respondents does not suffer from any illegality or arbitrariness.
11. This Court also observes that as per Agenda Item No. 7.08 of the Affiliation Norms for ITIs Year-2018, the approval for the shifting of the Institute has been allowed only within the block, and in case of the urban area, the shifting shall be allowed only within the Municipal Corporation limits from Session 2019 onward, Therefore, the petitioners-Institutes clearly violated the duly prescribed norms and policies.
12. This Court further observes that in the afore-quoted inspection report, it was clearly stated that the Institute (in (Downloaded on 12/11/2023 at 02:35:56 AM) [2023:RJ-JD:21187] (4 of 4) [CW-3647/2022] S.B. Civil Writ Petition No. 2363/2022) was found closed and at that location, a Hotel was found, instead of an ITI.
13. In light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions.
14. Consequently, the present petitions are dismissed. All pending applications stand disposed of. "
2. In light of the aforequoted judgment, the present writ petition is also dismissed in terms of the order passed by this Court in Smt. Banwari Devi Pvt. ITI (Supra). All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
2-nirmala/-(Downloaded on 12/11/2023 at 02:35:56 AM)
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