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Sanska Fire And Safety Private Iti vs Directorate General Of Training on 22 March, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      W.P.(C) 3422/2021 & CM APPL. 10392/2021 (stay)

                                 SANSKA FIRE AND SAFETY PRIVATE ITI        ..... Petitioner
                                              Through: Mr. Sanjay Sharawat, Adv.

                                                             versus

                                 DIRECTORATE GENERAL OF TRAINING         ..... Respondent
                                              Through: Mr. Vikrant N. Goyal & Mr. Suraj
                                                       Kumar, Advs.

                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                              ORDER

% 22.03.2021 The proceedings in the matter have been conducted through hybrid system [physical and virtual hearing].

1. On the last date of hearing, i.e., 16.03.2021, learned counsel for the Union of India ["the Union"] submitted that a reasoned order has been passed on 12.03.2021 in respect of withdrawal of the petitioner's affiliation. Despite the said order, the Union has not placed the order dated 12.03.2021 on record. However, the petitioner has placed on record the communication dated 12.03.2021, which appears to be merely a covering letter enclosing the minutes of the meeting dated 19.01.2021, which is assailed in the writ petition.

2. The aforesaid minutes, as far as the petitioner is concerned, record the observations of the Joint Inspection Committee as follows:

"Biometric machine is found installed in institute premises but presently suspended due to COVID 19. Out of total staff strength of 12, Salary of only 4 employees are being disbursed by bank transaction. Trainees present on the day of inspections were quite less (only total 9 trainees were present), it was appraised by the institute that keeping in view the situation arise due to COVID 19, online classes are being conducted to the remaining candidates.

On the date of inspection total 8 officials out of 12 were present.

D-registers/Bills have been verified and it has been found that procurement is not as per norms. Raw material Bills are found without GST No. & Bill no.) On the date of inspection, no evidence has been found regarding computer lab / workshop/ Theory room to be utilized for any other purpose. (Undertaking for the same has also been furnished by the institute.) Placement record has been found incomplete and need to be maintained properly.

On the date of inspection there was no evidence found regarding using the institute for shipping operations courses, however keeping the seriousness of this issue and COVID 19 situations, it is recommended to have further scrutiny/ watch for any such activity."

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. In the enclosure to the communication dated 12.03.2021, nothing further is stated.

5. 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 Signature Not Verified Digitally signed W.P.(C) 3422/2021 Page 2 of 4 By:SHITU NAGPAL Signing Date:24.03.2021 13:19:26 issuance of any show cause notice to the petitioner.

6. 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

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"

7. Keeping in mind the nature of the order passed in the present case also, the aforesaid order is squarely applicable. Therefore, the impugned recommendations dated 19.01.2021 and communication dated 12.03.2021 are 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.

8. It is stated by Mr. Sharawat that the petitioner has admitted 34 students for the academic year 2020-2021 prior to the order of de- affiliation. It is made clear that the admission of the aforesaid 34 students will not be disturbed, pending the conclusion of proceedings under paragraph 9 of the aforesaid order and the petitioner will be entitled to access the NCVT MIS portal. The respondent is directed to take action in terms of this order within one week from today.

9. The writ petition alongwith pending application is disposed of in the terms aforesaid.

PRATEEK JALAN, J MARCH 22, 2021 'hkaur'/s Signature Not Verified Digitally signed W.P.(C) 3422/2021 Page 4 of 4 By:SHITU NAGPAL Signing Date:24.03.2021 13:19:26