Allahabad High Court
Sri Suresh Chandra Private I.T.I. vs Neeraj Kumar, Director, Rajya ... on 26 November, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4800 of 2019 Applicant :- Sri Suresh Chandra Private I.T.I. Opposite Party :- Neeraj Kumar, Director, Rajya Vyavasayik Prashikshan Parishad And Another Counsel for Applicant :- Raj Kumar Vaishya Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Raj Kumar Vaishya, learned counsel for the applicant and Shri J.N. Maurya, learned counsel for the opposite party.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 15.07.2019 passed in Writ Petition No.22465 of 2019 (Sri Suresh Chandra Private I.T.I. v. Union of India & Ors.). For ready reference, the relevant extract of order dated 15.07.2019 is quoted as under:-
"Heard Sri Raj Kumar Vaishya, learned counsel for the petitioner, Sri Dileep Kumar Pandey, learned counsel for respondent Nos.1 and 2 and Sri Pankaj Patel, learned counsel for respondent Nos.3 and 4.
Sri Raj Kumar Vaishya, learned counsel for the petitioner submits that names of the students of the petitioner-Institution were uploaded on the NCVT portal for verification.
Sri Pankaj Patel, learned counsel for the respondent no.3 submits that the petitioner-institution had under some misconception directly uploaded the names on the NCVT portal and uploaded on the NCVT portal in the first instance. The requirement of uploading it on the NCVT portal is mandatory before the names are uploaded on the NCVT portal first. He relies on an earlier affidavit, filed on behalf of SCVT in Writ Petition No.19955 of 2019 (Shri Shashikant and another Vs. Union of India and 3 others). He further submits, that the petitioner-institution, shall be permitted to appear in the examinations, subject to fulfilment of conditions, laid out in the communication dated 09.07.2019. The communication dated 09.07.2019 has already been brought in the record of the aforesaid writ petition.
Learned counsel for the respondent no. 3, submits that the respondents do not have any objection if the necessary details are provided within a period of three weeks from 22.07.2019 by the concerned institutions/trainees. The petitioner shall be permitted to appear in the examination, subject to the institutions/students providing the details within three weeks after 22.07.2019.
The condition no. 4 requiring biometric attendance in all institutions as compulsory was contested by learned counsel for the petitioner. Learned counsel for the petitioner contends that the aforesaid condition has been introduced for the first time within one week before the examination.
Sri Pankaj Patel, learned counsel for the SCVT supported the requirement by relying on the order dated 17.12.2015. The order dated 17.12.2015, on the foot of which the aforesaid condition of biometric attendance, is sought to be enforced merely required the authorities, to examine the case, for making biometric attendance mandatory in all training centres. This fact was not disputed.
Nothing could be demonstrated, by learned counsel for the SCVT, that the proposal in the order dated 17.12.2015, was considered and made mandatory, prior to the commencement of the academic year and admissions in the institutions.
In such view of the matter, Clause 4 of the letter dated 09.07.2019, appended in the counter affidavit filed by the SCVT shall not be enforced against the petitioner, for the examinations which are scheduled to commence w.e.f. 22.07.2019.
In such view of the matter, Clause no. 4 of letter dated 09.07.2019 shall not be acted upon. However, it shall be open to the authorities, to act in pursuance of the letter dated 17.12.2015, and inform the institutions accordingly for future examinations.
The writ petition is disposed of in terms of the affidavit filed on behalf of the SCVT, subject to the above mentioned clarifications."
In the present matter, notices were issued to the opposite parties on 01.08.2019. The matter was again taken up on 22.10.2020 and this Court has proceeded to pass following order:-
"Shri J.N. Maurya, learned counsel for the NCVT submits that every sincere endeavour would be made by the authority for ensuring the examinations of the candidates in the forthcoming examination, which is likely to take place in the month of November-December, 2020.
On the request of learned counsel for the applicant the case is passed over to enable him to move an appropriate impleadment application.
Put up this matter again on 14.12.2020, showing the name of Shri J.N. Maurya, learned counsel for the NCVT/proposed opposite party.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing."
On the matter being taken up today, Shri J.N. Maurya, learned counsel for opposite party has placed the detailed instruction and submits that so far as State Council for Vocational Training (in brevity 'SCVT') is concerned, details have been furnished by the applicant institution qua to the 95 students and they are permitted to appear in the examination.
Confronted with this situation, learned counsel for the applicant submits that total 108 students were registered and accordingly fee has also been realised in the year 2018. In support of his submission, he has placed reliance on the relevant fee receipts, which is appended alongwith the affidavit filed in support of contempt application. He further submits that as far as 95 students are concerned, they have been permitted to appear in the written examination but so far as remaining 14 students are concerned, in case they are not permitted to appear in the first year examination, they would suffer irreparable loss and their career would be jeopardised.
Shri J.N. Maurya, learned counsel for the opposite party very fairly submits that so far as 14 students are concerned, their details have not been furnished on the SCVT portal, therefore, no reprieve can be extended by the opposite parties. However, in case there is any discrepancy as has been pressed by the counsel for the applicant, the same can only be examined and rectified by the National Council for Vocational Training (in brevity 'NCVT').
In the facts and circumstances of the case, so far as substantial compliance of writ court order is concerned, the same has been ensured by the opposite parties and as such, the Court is not inclined to enter on the merits of the case. However, as it is being pressed that there is grave urgency as examinations are scheduled in near future, in case the applicant approaches the NCVT by moving an appropriate application regarding its grievance, the NCVT would be at liberty to proceed strictly in accordance with law.
With these observations, the Contempt Application is disposed of. Notice, if any, stands discharged.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.11.2020 A. Pandey