Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

V.N.B.P Pvt. Iti vs Directorate General Of Training (Dgt) & ... on 22 November, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~59
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 1506/2021 & CM APPL. 4326/2021
                                 V.N.B.P PVT. ITI                                                    ..... Petitioner
                                                        Through:       Mr. Murari Kumar and Mr. Achint
                                                                       Kumar, Advocates.

                                                        versus

                                 DIRECTORATE GENERAL OF TRAINING (DGT) & ANR.
                                                                        ..... Respondents
                                              Through: Ms. Archana Gaur, Advocate for
                                                       UOI.
                                                       Mr. Rajesh Kumar, SPC with Mr.
                                                       Kushaj Bhushan and Mr. Shaurya,
                                                       Advocates.

                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                              ORDER

% 22.11.2022

1. The present petition makes the following prayers:

"[a] Issue a writ of certiorari and quash the impugned order dated 22.10.2020 passed in 10th recommendation meeting dated 15.10.2020 passed by the respondent qua the petitioner; and [b] Issue a writ of mandamus and direct the Respondent to restore the affiliation of the Petitioner in respect to for 2 units in "Electrician trade"

vide order dated 30.06.2011 and permit the Petitioner to admit trainees against the sanctioned seats and conduct the said course from academic session 2020-2021; and [c] Issue a writ of mandamus and direct the Respondent to grant affiliation for 4 additional units of Electrician Trades against which the petitioner has already deposited Bank Guarantee of Rs. 6,00,000/- and complied with all statutory norms."

2. Facts: -

2.1 Petitioner-Institute was granted affiliation on 30th June, 2011 for 2 units in Electrician Trade for academic session 2011-2012. Subsequently, Respondent No. 1-Directorate General of Training ["DGT"] issued show-

cause notice dated 01st November, 2018 on the basis of communication dated 03rd October, 2018 issued by Respondent No. 2-Directorate of Employment and Training, Uttar Pradesh, enclosing therewith inspection report containing recommendation of de-affiliation. 2.2 On 16th November, 2018, Petitioner-Institute sent a response stating that no inspection referred to in the notice had been conducted. 2.3 Later, in 2nd meeting held on 28th March, 2019 the Recommendation Committee of DGT took a decision to de-affiliate 847 ITIs. The said decision was stayed vide interim order dated 28th May, 2019 in W.P. (C) 6129/2019 and other connected matters.

2.4 In 4th meeting held on 28th May, 2019, the Recommendation Committee of DGT, decided to request State Directorate, Uttar Pradesh to conduct a joint inspection of several ITIs (including the Petitioner-Institute). 2.5 This Court vide order dated 21st October, 2019 [W.P. (C) 6129/2019 and connected matters] set aside the afore-said de-affiliation decision, and directed conduct of inspections and issuance of show-cause notices in case deficiencies were found.

2.6 Joint inspection of Petitioner-Institute was conducted on 04th November, 2019.

2.7 Subsequently, relying upon inspection report, duly scrutinized and forwarded by concerned State Government, DGT vide decision dated 22nd October, 2020, de-affiliated the Petitioner-Institute [hereinafter "de-

affiliation decision"].

3. Petitioner-Institute argues that the impugned de-affiliation decision is non-reasoned and there was no prior show-cause notice. The impugned de- affiliation decision [Annexure P-11] enclosed 'minutes of meeting' wherein against the column titled "remarks", it is mentioned "Recommended for De- affiliation" but no reasons are assigned.

4. Per contra, Counsel for DGT submits that subsequent to impugned decision dated 22nd October, 2020, a self-contained order of de-affiliation was issued by DGT on 28th January, 2021 [hereinafter "de-affiliation order"] disclosing valid grounds of de-affiliation, which has not been challenged by Petitioner-Institute.

5. Petitioner-Institute has not pressed prayer (c) in their submissions. In respect of remaining reliefs, the Court has perused the copy of de-affiliation order dated 28th January, 2021 [Annexure R-3] enclosed with counter affidavit which lists reasons/ deficiencies for de-affiliation as follows:

"De-Affiliated List of De-affiliation of 77 Private ITIs in Uttar Pradesh State SI. DGT MIS Name of Private ITI Deficiencies Remarks No Code xx .. xx .. xx 53 PR09001655 V.N.P. Private ITI, 1. The ITI found under De-Affiliated Gorakhpur- 273008 construction on the day of inspection

2. The ITI found situated within the premises of degree college. The newly plastered wall was found erected for providing partition between the college and ITI on the day of inspection.

3. The ITI affiliated Signature Not Verified Digitally Signed W.P.(C) 1506/2021 Page 3 of 7 By:AKANSHA SINGH Signing Date:27.11.2022 19:13:51 earlier with the Map Layout has been found completely altered/modified as per actual layout.

4. The classrooms are found located within the building of college

5. The tools and equipment found short by 60% as per NCVT norms.

6. The machinery was not found installed as per norms. No electrical fittings found arranged in the workshop.

7. No electricity bills produced.

8. Electrical connection not found available

9. No set up found for IT lab. It was found to be makeshift for inspection.

10. No licensed software found available.

11. The floor of the workshop found not as per norms.

12. As the layout map of the ITI has been found modified as per earlier affiliation in totality, it is recommended by the inspection team to go for fresh affiliation after completion of building.

The copy of old and new map layout is enclosed.

13. Building Completion Certificate not produced.

14. The Annexure III and its supporting documents related to staff, power bill, etc. not provided by the ITI.

15. Availability of tools, equipment and machinery shown in the Signature Not Verified Digitally Signed W.P.(C) 1506/2021 Page 4 of 7 By:AKANSHA SINGH Signing Date:27.11.2022 19:13:51 list has been verified.

The list has been signed by all the members."

6. There is no communication or show-cause notice or any averment in the counter affidavit that would indicate that the afore-extracted reasons were communicated to Petitioner-Institute, prior to de-affiliation. On a specific query, Counsel for DGT is also unable to controvert the above-said fact. Further, it is worth mentioning that vide order dated 05th February, 2021, an interim order was passed in favour of Petitioner-Institute as follows:

"The proceedings in the matter have been conducted through video conferencing.

1. Issue notice. Mr. P.S. Singh, learned counsel accepts notice on behalf of the respondents.

2. The challenge in this petition is to the order of de-affiliation of the petitioner dated 22.10.2020. In a meeting held on 15.10.2020, the respondent had de- affiliated 102 institutions, including the petitioner's institution. The minutes of the meeting only mention the remarks, "Recommended for de-affiliation" without giving any reason. This was communicated to the petitioner on 22.10.2020.

3. Mr. Achint Kumar, learned counsel for the petitioner point out that in similar circumstances, identical orders of the respondents have been stayed by this Court. He refers me to the order of this Court dated 28.05.2019 [Annexure P-7 to the writ petition], passed in an earlier writ petition bearing No. W.P.(C) 6121/2019. In respect of the present impugned order dated 22.10.2020 also, Mr. Kumar has cited a similar interim order passed by this Court dated 01.12.2020 in W.P.(C) 9619/2020 [Annexure P-13 to the writ petition].

4. In view of the aforesaid, the operation of the impugned order dated 22.10.2020 is stayed, until the next date of hearing.

5. Counter affidavit be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

6. List on 06.04.2021."

[Emphasis Supplied]

7. There is no explanation for passing the de-affiliation order, without the leave of the Court, when the stay of non-reasoned de-affiliation decision dated 22nd October, 2020 was in operation. Notably, in subsequent hearings conducted on 06th April, 2021, 15th July, 2021, 14th September, 2021, 17th Signature Not Verified Digitally Signed W.P.(C) 1506/2021 Page 5 of 7 By:AKANSHA SINGH Signing Date:27.11.2022 19:13:51 November, 2021 and thereafter, Court was not apprised of the de-affiliation order dated 28th January, 2021.

8. In view of the above, instant petition deserves to be allowed for the following reasons: (a) impugned de-affiliation decision dated 22nd October 2020 and de-affiliation order dated 28th January, 2021 were not preceded by any show-cause notice affording an opportunity to Petitioner-Institute to put forth its stand and therefore, principles of natural justice have been violated;

(b) impugned de-affiliation decision dated 22nd October, 2020 is a non- speaking order and discloses no reason(s) for de-affiliation and thus, Petitioner-Institute remained unaware of the grounds of de-affiliation; and

(c) de-affiliation order dated 28th January, 2021 was passed when the afore- said stay order was operating and it cites deficiencies that were never intimated to Petitioner-Institute for a chance to rectify the same.

9. Accordingly, impugned decision dated 22nd October, 2020 and de- affiliation order dated 28th January, 2021 are set-aside qua Petitioner- Institute. The de-affiliation order dated 28th January, 2021 shall be treated as show-cause notice and Petitioner-Institute shall be permitted to file a reply/response thereto, within a period of three weeks from today. In case DGT requires any clarification from Petitioner-Institute, the same shall be communicated and response thereto shall be given forthwith. Thereafter, DGT shall pass a speaking order thereon, as expeditiously as possible, preferably within a period of four weeks from the receipt of response from Petitioner-Institute. In the event the Petitioner-Institute is aggrieved by the DGT's decision, it shall be at liberty to take recourse to such remedies as are available under law. The Court has not expressed any opinion on the merits of the case. All rights and contentions of the parties are left open.

10. DGT shall take a decision uninfluenced by any observations made hereinabove.

11. With the above directions, the present petition, along with pending application, is disposed of.

SANJEEV NARULA, J NOVEMBER 22, 2022 as (Corrected and released on 27th November, 2022) Signature Not Verified Digitally Signed W.P.(C) 1506/2021 Page 7 of 7 By:AKANSHA SINGH Signing Date:27.11.2022 19:13:51