Punjab-Haryana High Court
Shaheed Bhagat Singh Technical ... vs Directorate Of Employment & Training on 11 October, 2012
Author: Rajiv Narain Raina
Bench: Hemant Gupta, Rajiv Narain Raina
LPA No.1284 of 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1284 of 2012 (O&M)
Date of Decision: 11.10.2012
Shaheed Bhagat Singh Technical Institute
..... Appellant
Versus
Directorate of Employment & Training
and others ..... Respondents
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Gurcharan Dass, Advocate,
for the appellant.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
CM No.3425 of 2012 This is an application for condonation of 215 days in refiling the appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 215 days in refiling the appeal is condoned. LPA No.1284 of 2012
The issue that was crystalized before the learned Single Judge was as to whether the respondent-National Council for Vocational Training (NCVT) was required to grant permanent affiliation to the writ petitioner- appellant (for short "the appellant") from September 2009 or from February 2011. The fate of students admitted during provisional affiliation hangs on LPA No.1284 of 2012 (O&M) -2- the answer.
The question arose in the background of the fact that the appellant-Institute filed an application for affiliation to the NCVT in the year 2008. It was granted provisional affiliation and was permitted to admit students for the academic session commencing September 2009 and, therefore, the permanent affiliation granted with effect from February 2011 should relate back to September 2009 in accordance with the instructions (Annexure P-10) issued by the Director General of Employment & Training, Government of India, New Delhi dated 15.12.2008. A decision was taken by the NCVT in its meeting held on 23.11.2008 under the Chairmanship of the Minister of State for Labour & Employment (IC) on the subject of change in consideration of effective dates of affiliation granted to the cases forwarded by State Directors dealing with Craftsman Training Scheme (CTS) depending upon the date of inspection of the Standing Committee of the applying educational institutions. The following guidelines were laid down by the Government of India on the recommendation of the NCVT:-
"i) The institute granted affiliation by Sub-Committee between 1st January to 30th June, of the calendar year, would be considered affiliated from August Session of that year.
ii) The institutes granted affiliation by Sub-Committee between 1st July to 31st December of calendar year would be considered affiliated from February Session of the next calendar year.
iii) The institute may opt for postponing the session.
iv) The above cut-off dates would come into force from February session of year 2009. However, keeping in view of the old system, the inspection carried out by standing committees up to 31st October, 2008, shall be considered for affiliation LPA No.1284 of 2012 (O&M) -3- from August, 2008 session."
It was the contention of the respondents that since permanent affiliation was granted to the Institute on 13.10.2010, it cannot date back to the session that commenced in September 2009 which session had run its course. Clause (iv) of the guidelines dated 15.12.2008 have been modified by instructions dated 16.04.2010 clarifying that the date of affiliation is the date on which it is granted by the Sub-Committee of the NCVT leaving no room for grant of retrospective affiliation.
It is not disputed that the appellant's request for grant of permanent affiliation qua the Electrician trade was rejected by the Director General of Employment & Training vide communication dated 14.11.2008 duly forwarded to various functionaries of the State and to the appellant- Institute vide endorsement dated 22.01.2009. Against the rejection, the appellant filed CWP No.3289 of 2010 which was disposed of by the learned Single Judge of this Court vide order dated 11.05.2010 by issuing the following directions:-
"1. The petitioner shall submit a revised plan/application giving all the necessary/essential details of the area with measurements etc. within a period of two weeks.
2. On receipt of the revised plan/application, respondent no.2 will forward the same to respondents no.4 and 5.
3. On receipt of the recommendations, respondents no.4 & 5 shall decide the request within a period of four weeks in accordance with law."
This order makes it clear that the appellant was required to submit a revised plan/application. What was ordered was, therefore, a fresh consideration of the application for permanent affiliation with respect to the LPA No.1284 of 2012 (O&M) -4- trade of Electrician. In compliance of the directions of this Court, the case was examined and permanent affiliation was granted with effect from February 2011. It may be noted that at the time of consideration, the appellant-Institute had filed COCP No.1806 of 2010 which was rendered infructuous on passing of the final order granting permanent affiliation. It is apparent that it was a fresh application which was considered leading to fresh inspection of the Institute and grant of permanent affiliation for the Electrician trade effective from February 2011. The fresh application was as a result of the directions of this Court after the case of the Institute had been rejected. A new right was created. It was not a case where NCVT declared that the position of the first inspection was being ratified or confirmed on the basis of the material then considered and reviewed. The supplementary inspection report was made on 09.08.2010 with effect from February 2011. The supplementary inspection report had replaced the SCIR report dated 02.09.2008.
Besides, the letter granting provisional affiliation to the appellant-Institute clearly stipulated that in case permanent affiliation is not granted before the final trade test, students admitted would not be entitled to a NCVT certificate. Therefore, the appellant-Institute was allowed to commence the course in 2009 on the explicit understanding that in case, permanent affiliation is not granted, the students would not be entitled to National Trade Certificate.
The learned Single Judge has held that the above condition has been accepted without demur. The doctrine of relation back, in our considered view, would not apply in the facts of the present case since a LPA No.1284 of 2012 (O&M) -5- new right was being created for the first time by grant of permanent affiliation for the course in question after it was rejected in 2008 and that order has not been set aside. It was not a case where an old right was been merely declared ratifying the position as it always stood. After all, the fresh consideration took place in terms of the directions of this Court.
Therefore, we do not find any error or infirmity in the order of the learned Single Judge which warrants interference in appeal and the appeal accordingly would stand dismissed, however, without any order as to costs.
(HEMANT GUPTA) (RAJIV NARAIN RAINA)
JUDGE JUDGE
11.10.2012
manju