Karnataka High Court
Sri.R.Ramesha vs The State Of Karnataka on 13 August, 2014
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
W.P.Nos.22036/2009 & 28379-385/2009 (EDN-RES)
BETWEEN:
1. SRI.R.RAMESHA
AGED ABOUT 26 YEARS
S/O RANGE GOWDA
BEHIND POLICE QUARTERS
MARUTHINAGAR
ARASIKERE TALUK
HASSAN DISTRICT
2. HEMAVATHI S
AGED ABOUT 23 YEARS
S/O SOMASHEKAR T S
THIMMANAHALLI
NERLIGE POST,
JAVAGAL HOBLI
ARASIKERE TALUK ,
HASSAN DISTRICT
3. SAHERA BANU
AGED ABOUT 23 YEARS
D/O SHAREEF JON
CHIKKAMAGALUR ROAD
NEAR HOLLY CROSS,
NEHRU NAGAR, BELUR TALUK
HASSAN DISTRICT
4. RAGHU B T
AGED ABOUT 27 YEARS
S/O THAMMANNA
BANTENAHALLI POST
BELUR TALUK
HASSAN DISTRICT
5. HALAPPA H E
AGED ABOUT 28 YEARS
2
S/O EREGOWDA
K G AGRAHARAA,
KARUVANKA POST,
BANAVARA HOBLI
ARASIKERE TALUK
HASSAN DISTRICT
6. SMT. M R REKHAMANAI
AGED ABOUT 23 YEARS,
D/O M S RAJASHEKARAPPAS
MADALU POST, KANAKATTE HOBLI
ARASIKERE TALUK
HASSAN DISTRICT
7. MADHU N T S/O THAMMAIAH N H
AGED ABOUT 23 YEARS
NAGASANDRA POST,
BANAVARA HOBLI
ARASIKERE TALUK
HASSAN DISTRICT
8. NAVEEN KUMARA M N
S/O NANJUNDAPPA
AGED ABOUT 25 YEARS
KOLAGUNDA POST,
JAVAGAL HOBLI
ARASIKERE TALUK
HASSAN DISTRICT
... PETITIONERS
(By Sri RAKSHIT K N, ADV. FOR
Sri K R NAGENDRA FOR M/s. NAG ASSTS.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF EMPLOYMENT AND
TRAINING , VIDHANA SOUDHA
BANGALORE.
2. THE OFFICE OF THE DIRECTOR
OF EMPLOYMENT OF TRAINING
REP. BY ITS COMMISSIONER
KOSHLAYA BHAVAN, DAIRY CIRCLE
BANNERGHATTA ROAD
BANGALORE-29
3
3. GOVERNMENT INDUSTRIAL TRAINING
INSTITUTE CENTER, REP. BY
PRINCIPAL ADJACENT TO KSRTC
BUS DEPOT, B H ROAD
ARASIKERE-573105
HASSAN DISTRICT
4. THE SECRETARY, STATE COUNCIL
FOR VACATIONAL TRAINING
IN KARNATAKA
BANGALORE-560027
5. DIRECTORATE GENERAL OF EMPLOYMENT
AND TRAINING
REP. BY ITS DIRECTOR
SHRAMA SHAKTI BHAVAN
NEW DELHI
... RESPONDENTS
(By Smt. PRAMODHINI KISHAN, HCGP. FOR R1-4
Sri. S SURESH KUMAR, CGC. FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER
TO ISSUE WRIT OF MANDAMUS OR ANY SUITABLE WRIT OR
DIRECTION TO ISSUE OR VALID CERTIFICATE OF TRAINING BY
THE RESPONDENT BY CONSIDERING REPRESENTATION
MARKED VIDE ANNEX-P,Q & R DTD 30.03.09, 6.04.09 & 31.3.09
RESPECTIVELY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER
The petitioners are before this Court seeking for issue of mandamus to direct the respondents to issue valid certificate of training by considering the representations filed by the petitioners. 4
2. The brief facts are that the petitioners after completing their Pre-University course had joined the job oriented courses conducted by the Directorate of Employment and Training. The petitioners have thereafter completed the course under different trades for which the certificates are relied on at Annexures-B to J. The certificates issued are under 'SCVT Scheme'. The grievance of the petitioners is that based on such certificate when they had made attempts to secure employments, they were directed to obtain the National Trade Certificates issued by 'NCVT'. It is in that circumstance, the petitioners are before this Court seeking that they be granted the National Trade Certificates in respect of the courses that they had completed through the Department of Employment and Training, State Board of Examination.
3. Considering that the claim of the petitioners is for issue of National Trade Certificates to be recognised by the National Council for Medical Training, the stand taken by respondent No.5 would be relevant for 5 consideration. In the objections, it has been contended that respondents No.1 to 4- institution wherein the petitioners had undertaken their courses were granted affiliation with effect from February 2007. Since the admissions were made to the trade in the year 2004, the petitioners herein would not be entitled to the National Trade Certificates to be issued by the NCVT but would be entitled to the certificates to be issued by the SCVT, Karnataka which has already been issued to the petitioners. Respondent No.5 has also referred to the order dated 02.08.2005 passed by a Hon'ble Division Bench of High Court of Kerala wherein a similar issue was considered and the Court on taking note of the Regulations had arrived at the conclusion that a certificate prior to the date of the affiliation cannot be issued. In that view, respondent No.5 contends that the prayer as made by the petitioners as against them cannot be granted.
4. Respondents No. 1 to 4 have also filed their objection statement. On the legal aspect with regard to 6 entitlement being after the date of affiliation is not seriously in dispute. Respondents No. 1 to 4 have sought to explain that though the provisional certificates relied on by the petitioners as at Annexures- L to N had been issued, the same was in a circumstance that the certificates which were available with them had been granted to them. But in any case, such certificates have been issued by SCVT and not by the SCVT and therefore, the petitioners cannot claim any right in that regard. Respondents No. 1 to 4 would however explain that the certificate to be issued by NCVT is the entitlement of the petitioners and such certificates in addition to the marks card, if need be would also be issued.
5. In the light of the rival contentions, the nature of the course undertaken by the petitioners and the same having been undergone by the petitioners during the periods August 2004 to July 2005 is the admitted position. It cannot also be in dispute that the NCVT under respondent No.5 has granted the affiliation in 7 respect of the said trades in the year 2007. Since the entire issue boils down to this aspect, the only question for consideration is as to whether the petitioners can still insist that respondent No.5 through NCVT is required to issue a National Trade Certificate to the petitioners in respect of the courses undertaken by them. The Regulations relating to the same has been extracted in extenso in the order of the Hon'ble Division Bench of Kerala High Court in W.P.(C)No.15667/2005 dated 02.08.2005. A perusal of the Regulations would indicate that the affiliation is granted from prospective dates and there is no provision to grant affiliation to any trade/units with retrospective dates. In the light of the said Regulations, the Hon'ble Division Bench has also categorically held that the NCVT would not be bound to issue the National Trade Certificates in respect of the trades that have not been affiliated to it. Since the said position has already been clarified, the case of the petitioners herein seeking issue of National Trade Certificates by NCVT through respondent No.5 cannot be accepted. The mandamus in that regard therefore 8 cannot be issued to respondent No.5. However, considering the fact that the course is undertaken by the petitioners under the SCVT, in addition to the marks sheet that has been issued and produced along with the petition, if any other appropriate certificate in that regard is to be issued, respondent No.4 shall take steps for issue of such certificates to the petitioners on they approaching respondent No.4 along with a copy of this order.
In terms of the above, the petitions stand disposed of.
Sd/-
JUDGE hrp/bms