Rajasthan High Court - Jodhpur
Samrat Private Industrial Training ... vs State Of Rajasthan (2023:Rj-Jd:35341) on 16 October, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:35341]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9136/2023
Samrat Private Industrial Training Institute, Through Secretary
Anil Agarwal S/o Shri Ramesh Chand Agarwal, Aged 36 Years.
Address, Uday Road, Gangapur City, Dist - Madhopur (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 (Raj).
3. The Director General Of Training, Ministry Of Labour And
Employment, Government Of India, Sram Shakti Bhawan,
Rafi Marg, New Delhi.
----Respondents
For Petitioner(s) : Mr. Jogu Singh Bhati
For Respondent(s) : Mr. Manish Vyas, AAG
Mr. Uttam Singh Rajpurohit for
Mr. Mukesh Rajpurohit, Dy.S.G.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 16/10/2023
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
"i. The impugned rejection order dated 17.06.2022 (Annex-7) may kindly be quashed and set aside.
ii. The impugned condition of shifting of ITI (annex-9) may be kindly be quashed and set aside qua the petitioner ITI and be declared illegal being in violation of provisions of the Constitution of India.
iii. The respondent authorities may kindly be directed to consider the new location of the petitioner ITI at Village Udai Road, Gangapur City, District Sawai Madhopur (Raj.) for all purposes including and not limited to admission, affiliation, written examination, practical examination and other online activities.(Downloaded on 12/11/2023 at 07:46:40 AM)
[2023:RJ-JD:35341] (2 of 6) [CW-9136/2023] iv. Any other appropriate writ, order or direction which the facts and circumstances of the case warrants be issued and;
v. Costs of the writ petition be allowed in favour of the petitioner."
2. Mr. Jogu Singh Bhati, learned counsel appearing on behalf of the petitioner-Institution submits that the petitioner-Institution had got the affiliation from the respondent authorities in 2014 for the Trade Electrician and the petitioner-Institution, thereafter, was regularly imparting education to the students. 2.1 Learned counsel further submits that the petitioner- Institution was originally registered for location at Raja Shab Ke Akhli, Tehsil Makrana, District Nagaur and the bone of contention is that the petitioner-Institution is now seeking shifting from the said location to Gangapur City, Udai Road, District Sawai Madhopur and for such shifting, the respondents are not acting in accordance with law.
2.2 Learned counsel also submits that there was no bar upon the petitioner- Institution to move an application for shifting when it made such application on 31.08.2019, but however, subsequently, the respondents changed their policy and any transfer of the ITI was to be allowed within the block only keeping in view the mobility of the students undergoing training; in the case of Urban areas, the shifting was restricted to Municipal Corporation limited from Session 2019 onwards.
2.3 Learned counsel further submits that not only this is a subsequent condition, which has been imposed, but also such condition is bad because the petitioner-Institution had the (Downloaded on 12/11/2023 at 07:46:40 AM) [2023:RJ-JD:35341] (3 of 6) [CW-9136/2023] autonomy to shift the ITI as per law, which was prevailing at the time when the application was made.
2.4 Learned counsel also submits that the policy of not allowing the changing of territory is also bad in the eye of law because this will unnecessarily infringe upon the petitioner-Institution's right to operate in a newer territory or on newer locations, strictly in accordance with law. Learned counsel further submits that no session was going on.
3. Mr. Manish Vyas, AAG and Mr. Uttam Singh Rajpurohit, learned assisting counsel for Mr. Mukesh Rajpurohit, Dy.S.G. submit that the issue of shifting of ITI has been settled by this Court in the matter of Smt. Banwari Devi Pvt. ITI Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.2363/2022 and other connected petition decided on 05.07.2023. The relevant portion of the judgment reads as follows:
"6. Heard learned counsel for the parties as well as perused the record of the case.
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.(Downloaded on 12/11/2023 at 07:46:40 AM)
[2023:RJ-JD:35341] (4 of 6) [CW-9136/2023]
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 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 (Downloaded on 12/11/2023 at 07:46:40 AM) [2023:RJ-JD:35341] (5 of 6) [CW-9136/2023] 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 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."
3.1 Learned counsel further submit that the policy in question has been made so as to take care of the mobility of the students, who are undergoing the training and by no stretch of imagination, the policy can be said to be bad because if the territorial distance of shifting is permitted for the ITI, then the students studying in the present ITI would have to go from Nagaur to Sawai Madhopur, which is at least about 400-450 kms. and the shifting of such students would not serve the purpose of such students.
4. After hearing learned counsel for the parties as well as perusing the record of the case along with the precedent law cited (Downloaded on 12/11/2023 at 07:46:40 AM) [2023:RJ-JD:35341] (6 of 6) [CW-9136/2023] at the Bar, this Court is of the opinion that the controversy in question is very well covered by the judgment rendered by this Court in Smt. Banwari Devi Pvt. ITI's case (supra). The policy of the ITI in the interest of mobility of the students is in accordance with law and is necessary to avoid any kind of shifting, which would result into uprooting of the staff and the students beyond the Block/Municipal Corporation limits. The shifting of the ITI from 400-450 kms. away would not only cause injustice to the students, staff and other persons, but will also render the purpose of giving the permission of the ITI at the location in question useless.
5. This Court is of the firm opinion that in case, any other ITI has to be opened then strictly in accordance with law, a fresh permission ought to be taken by the petitioner rather than continuing with the old permission and old registration.
6. In view of the above, no interference in the present petition is called for and the same is accordingly dismissed. All pending applications stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
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