Gauhati High Court
Swastik Institute Of Technology vs The State Of Assam And 5 Ors on 2 March, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/4
GAHC010141652019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4366/2019
1:SWASTIK INSTITUTE OF TECHNOLOGY
HEAD OFFICE AT JORHAT CENTRE, BARUAH CHARIALI, A.T. ROAD,
JORHAT-1, ASSAM, REP. BY ITS AUTHORISED REPRESENTATIVE AND
CENTRE HEAD ADMINISTRATOR SHRI PRAMIT BORAH, AGE 33 YEARS,
C/O SWASTIK INSTITUTE OF TECHNOLOGY, JORHAT
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY SKILL, EMPLOYMENT
AND ENTREPRENEURSHIP DEPTT. ASSAM, DISPUR, GHY-6 , KAMRUP (M)
2:THE COMMISSIONER AND SECRETARY
LABOUR AND EMPLOYMENT DEPTT. ASSAM
DISPUR
GHY-6 KAMRUP (M)
3:THE DIRECTOR EMPLOYMENT AND CRAFTSMEN TRAINING
REHABARI
GHY-6
4:UNION OF INDIA
REP. BY THE MINISTRY OF LABOUR AND EMPLOYMENT
5:DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING
SHRAM SHAKTI BHAVAN RAFI MARG
NEW DELHI.
6:DIRECTOR REGIONAL DIRECTORATE OF APPRENTICESHIP TRAINING
(ER)
C.G.O COMPLEX
MSO BUILDING
DF BLOCK
SECTOR-1 E WING 1ST FLOOR
Page No. 2/4
SALT LAKE
KOLKATA-70006
Advocate for the Petitioner : MR. B GOGOI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 02-03-2020 Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. S. P. Das, learned counsel appearing for the respondent nos. 1 & 3, Ms. D. D. Barman, learned Additional Senior Government Advocate appearing for respondent no. 2 and Mr. S. P. Choudhury, learned CGC appearing for respondent no. 4, 5 & 6.
By an order passed today in I.A. (Civil) No. 787/2020, the name of the petitioner herein has been allowed for correction as "Swastika Institute of Technology" from "Swastik Institute of Technology" finding the same to be a typographical error.
The case projected on behalf of the petitioner is that the petitioner institute is a registered society and it was granted necessary approvals as a Vocational Training Provider (VTP, for short) under the Skill Development Initiative Scheme (the Scheme, for short) under the Central Government in March, 2012 for imparting training in the courses allotted to it as per the approvals dated 12.03.2012 & 24.12.2012. The petitioner institute started imparting vocational training in the allotted approved training courses to the enrolled trainees in due adherence to the criteria prescribed in the Scheme. After completion of the training, the petitioner institute submitted its bills regularly to the respondent authorities. A review exercise was undertaken by the respondent no. 5 during the year 2014 and it was observed in a communication dated 17.07.2014 that an inspection of the Vocational Training Providers (VTPs) should be conducted in respect of the institutes named therein, on the ground they had provided trainings to more than 500 persons at a place in one year. Pursuant to the communication dated 17.07.2014, the respondent no. 3, by an order dated 26.09.2014, had suspended the registration of these nos. of VTPs including that of the petitioner institute. Thereafter, the respondent no. 3 has issued a show cause notice to the petitioner institute Page No. 3/4 asking it to submit its reply showing cause as to why the registration issued to it should not be permanently cancelled. The petitioner institute has submitted his reply dated 09.01.2015 and thereafter, the matter has rested there.
It is the contention of the petitioner that the respondent no. 3 has not released the payments in respect of the bills submitted by the petitioner institute during the period from 2012 to 2014 which amounted to Rs. 1.50 Crores (approximately). It is further projected that the bills have been prepared as per the rates prescribed in the scheme based on the number of passed-out candidates. When the said amount has not been released by the respondent authorities, the petitioner institute has approached by way of this writ petition seeking, inter alia, directions to set aside the order of suspension dated 26.09.2014 and its VTP registration, apart from a direction to release the outstanding bill amount of Rs. 1.50 Crores (approximately) as per the uploaded bills by the concerned authorities in their portal.
It is submitted by Mr. Das that another VTP viz. Central Institute of Paramedical Technology and Science Society had earlier approached this Court by way of a writ petition, WP(C) No. 3294/2018 seeking similar reliefs and this Court disposed of the said writ petition by an order dated 16.09.2019 with certain directions. He further submits that as the present petitioner is similarly situated like the petitioner in the writ petition, WP(C) No. 3294/2018, this writ petition can be disposed of in the similar lines.
The order dated 16.09.2019 passed in WP(C) No. 3294/2018 has observed as under :-
"21. Therefore, in the opinion of the Court, withholding of the amount due to the petitioner society by the Directorate on the ground that vocational training provider of the petitioner society is under suspension cannot be justified. More than 4 years have gone by since the suspension order was passed on 02.01.2015 but no final decision has been taken. This has not only adversely affected the petitioner society but also utilization of funds by the Directorate itself in the State of Assam.
22. Accordingly and in the light of the above, respondent No. 3 is directed to take a decision regarding suspension of the vocational training provider of the petitioner society and release of the outstanding dues of the petitioner society within a period of 4 (four) weeks from the date of receipt of a certified copy of this order, having regard to the discussions made above."
I have perused the contents of the order dated 10.09.2019 and have found that the present petitioner is similarly situated like the petitioner in the writ petition, WP(C) No. 3294/2018. In such view of the matter, I am of the considered view that the writ petition can also disposed of in similar lines as WP(C) No. 3294/2018.
Thus, without adverting to the other facts of the case, this writ petition stands Page No. 4/4 disposed of with the direction to the respondent no. 3 to take a decision regarding suspension of registration of the petitioner institute as a VTP and to examine and thereafter, release the outstanding dues of the petitioner institute within a period of 4 (four) weeks from the date of receipt of a certified copy of this order along with a copy of the writ petition from the petitioner institute. Whatever decision is taken by the respondent no. 3 in this connection, the same shall be communicated to the petitioner institute as well as to the Government of Assam in the Skill, Employment and Entrepreneurship Department.
With the observation made and direction given above, this writ petition stands disposed of. No cost.
JUDGE Comparing Assistant