Karnataka High Court
Vinayaka Private Industrial Training ... vs State Of Karnataka on 27 November, 2023
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NC: 2023:KHC:42803
WP No. 18850 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 18850 OF 2022 (EDN-RES)
BETWEEN:
VINAYAKA PRIVATE INDUSTRIAL TRAINING
INSTITUTE
KODIAL VILLAGE,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571 415,
REP. BY ITS PRINCIPAL,
SRI. BYRAPPA. K,
S/O. KRISHNA SHETTY,
AGED ABOUT 33 YEARS.
...PETITIONER
(BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE)
Digitally signed AND:
by R DEEPA
1. STATE OF KARNATAKA
Location: High REP. BY ITS SECRETARY,
Court of
Karnataka DEPARTMENT OF SKILL DEVELOPMENT AND
ENTERPRENEURSHIP AND INDUSTRIAL TRAINING,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE DIRECTOR, OFFICE OF DIRECTORATE GENERAL
OF TRAINING
MINISTRY OF SKILL DEVELOPMENT AND
ENTERPRENEURSHIP, 1ST FLOOR,
TIRTES BUILDING,
PUSA CAMPUS,
-2-
NC: 2023:KHC:42803
WP No. 18850 of 2022
PUSA AREA,
NEW DELHI-110 012.
3. THE COMMISSIONER
OFFICE OF THE COMMISSIONERATE,
DEPARTMENT OF INDUSTRIAL TRAINING AND
EMPLOYMENT,
KAUSHALYA BHAVAN,
DAIRY CIRCLE,
BANNERUGHATTA ROAD,
BANGALORE-560 029.
4. THE PRINCIPAL
OFFICE OF THE INDUSTRIAL TRAINING AND
EMPLOYMENT,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571 415.
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1, R3 & R4
SRI. S.B. THOTAD, CGC FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE COMMUNICATION AT ANNEXURE-N DTD
04.12.2021 IN NO.ITE/TRG/AFL-3/CR-10/2021-22 ISSUED BY
THE R3 TO THE R1 AND THE COMMUNICATION OF THE R1 TO
THE R3 DTD 18.7.2022 IN NO.TOTAL-1-01(NEW)-00,
EXISTING-01), STATE OF KARNATAKA DGT-
AFFO11(11)1/2022-0/O DIR (TC) MARKED AT ANNEXURE-P
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking to quash Annexure-N dated 04.12.2021, issued by respondent No.3 -3- NC: 2023:KHC:42803 WP No. 18850 of 2022 to respondent No.2 and communicated dated 18.07.2022, issued by respondent No.2 to respondent No.3 vide Annexure-P, and sought for a mandamus directing respondent No.2 to issue order regarding merger of Vinayaka ITI and Varada ITI to run the institution at Kodial Village, Srirangapatna Taluk, Mandya District, as per the standing committee inspection report dated 09.10.2020, and letter by respondent No.3 dated 08.12.2020 vide Annexure-G.
2. Brief facts leading rise to filing of this petition are as under:
The petitioner is running an industrial training institute in Kodial Village, Srirangapatna, Mandya District and obtained affiliation from the concerned authorities. In the said affiliation, the name of Varada Private Industrial Training Institute finds place at Sl.No.10 and Sri. Vinayaka ITC, Mandya finds place at Sl.No.25. The petitioner submitted a requisition to the respondent No.1 as well as respondent No.3 informing the shifting of institution from -4- NC: 2023:KHC:42803 WP No. 18850 of 2022 Pandavapura to Kodial and the infrastructure which are required fully sought for some time to comply. The petitioner submitted representation on 19.03.2019, for fresh affiliation in view of shifting of the ITI. The respondent No.4 addressed a communication to the respondent No.3 regarding the academic year 2018-19 to conduct the inspection and submit a report in view of shifting of the petitioner - institution. The respondent No.3 issued a circular on 28.05.2019 regarding re- affiliation of the institution as well as payment of fee from NCVT. The joint committee conducted inspection of the petitioner - institution. NCVT issued proforma for grant of affiliation of the institutes of ITI. The petitioner made an attempt for getting a re-affiliation from the respondents for having shifted the institution. Respondent No.1 conveyed a meeting which is called as 9th Meeting regarding recommendation committee DGT dealing with affiliation of ITI held on 09.10.2019. In the said meeting, agenda No.5, 7 and 9 indicated review of norms and IRO trade capacity of ITI for seeking affiliation. The committee -5- NC: 2023:KHC:42803 WP No. 18850 of 2022 opined to issue clarification in respect of the norms to get atleast in four different trades. The committee also advised to seek approval of the competent authority before issuing necessary clarification. Communication was sent by the Director to all the States of Directorates in the 17th Recommendation Committee Meeting wherein Recommendation Committee at item No.2 referred as 'Vinayaka Private ITI' and 'Varada ITI' are not recommended by the State Directorate. These two institutions needs to upgrade to four trades and the decision was taken in 17th Meeting held on 28.12.2020. The respondent No.3 issued a communication to respondent No.1 regarding reconsideration of NCVT affiliation proposal rejected for less than four trade norms. The petitioner aggrieved by the rejection of permission for shifting the institution, filed this writ petition.
3. The State has filed statement of objections contending that the DGT, New Delhi vide its letter dated 18.09.2019, directed that "Shifting of ITIs. in rural areas -6- NC: 2023:KHC:42803 WP No. 18850 of 2022 shall be allowed within the Block only, keeping in view of mobility of students undergoing training. In case of urban areas, the shifting shall be allowed only within municipal/ Corporation limits from the session 2019 onwards." It is further submitted that the competent authority i.e., DGT, New Delhi issued orders that the merger of the petitioner
- institution at the new location is not recommended and a letter was addressed to the petitioner - institution on 18.08.2022, intimating that there is no provision under the Rules to take up the admission at the intended new location. Hence on this ground prays to dismiss the writ petition.
4. Heard learned counsel for petitioner and learned DSG for respondent No.1 and learned Additional Government Advocate for respondents No.2 to 4.
5. Learned counsel for the petitioner submits that the petitioner has submitted an application to the respondents - authorities. The respondents - authorities without considering that the petitioner has fulfilled the -7- NC: 2023:KHC:42803 WP No. 18850 of 2022 norms as per the norms of NCVT, have passed the impugned order. He submits that this Court vide interim orders dated 26.06.2023 and 26.07.2023, permitted the petitioner to submit an online application and the concerned authority shall examine the application as provided under the Rules and Regulations. He submits that pursuant to the interim order passed by this Court, the petitioner has submitted the online application. The respondents have not yet considered the same. Hence he submits that a direction be issued to respondent No.2 to consider the application in accordance with law and pass appropriate order within a time limit. Hence on these grounds he prays to allow the petition.
6. Per contra, learned counsel for the respondents submits that pursuant to the interim orders, the petitioner has submitted an online application and the same is under process and if reasonable time is granted to respondent No.2, respondent No.2 will consider the application of the -8- NC: 2023:KHC:42803 WP No. 18850 of 2022 petitioner for re-affiliation and pass appropriate orders in accordance with law.
7. In view of the submission made by learned counsel for the respondents, I proceed to pass the following:
ORDER The writ petition is disposed of.
Respondent No.2 is directed to consider the application of the petitioner is in accordance with the norms of NCVT and pass appropriate orders, within a period of 15 days from the date of receipt of a copy of this order. Further, liberty is reserved for the petitioner to submit additional documents, if required by respondent No.2.
SD/-
JUDGE RD