Karnataka High Court
Karnataka State Private Iti'S ... vs Union Of India on 7 September, 2023
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NC: 2023:KHC:32357
WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 18811 OF 2015 (EDN-RES)
C/W
WRIT PETITION NO. 54541 OF 2014(EDN-RES)
WRIT PETITION NO. 18866 OF 2015(EDN-RES)
WRIT PETITION NO. 20668 OF 2015(EDN-REG)
WRIT PETITION NO. 21961 OF 2015(EDN-REG)
IN W.P.No. 18811 OF 2015
BETWEEN:
1. SRI JATANGI RAMESHWARA RURAL EDUCATION SOCIETY
(S.J.R.R.E SOCIETY), RAMPURA
MOLKALMURU TALUK
Digitally signed
by SUNITHA CHITRADURGA DISTRICT
GANGARAJU BY ITS PRESIDENT (ITI UNIT).
Location: High
Court of 2. S.P.S.R. INDUSTRIAL TRAINING CENTER
Karnataka
RAMPURA, MOLKALMURU
CHITRADURGA DISTRICT
BY ITS PRINCIPAL.
3. SRI. BASAVESHWARA INDUSTRIAL TRAINING CENTER
RAMPURA, MOLKALMURU TALUK
CHITRADURGA DISTRICT
BY ITS PRINCIPAL.
4. JAI MARUTHI EDUCATION AND WELFARE ASSOCIATION
RAMPURA, MOLKALMURU TALUK
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
CHITRADURGA DISTRICT
BY ITS SECRETARY.
5. D.K. INDUSTRIAL TRAINING CENTER
RAMPURA,MOLKALMURU TALUK
CHITRADURGA DISTRICT
BY ITS PRINCIPAL.
...PETITIONERS
(BY SRI. UMESHA MURTHY J M.,ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY PRINCIPAL SECRETARY (LABOUR)
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110 001.
2. DIRECTORATE GENERAL OF
EMPLOYMENT & TRAINING
SHAMSHAKTHI BHAVAN
RAFI MARH, NEW DELHI-110001
REP. BY DIRECTOR GENERAL/
ADDITIONAL SECRETARY.
3. THE COMMISSIONER
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
4. KARNATAKA STATE COUNCIL FOR
VOCATIONAL TRAINING,
REP. BY ADDITIONAL DIRECTOR
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE-560 029.
5. THE JOINT DIRECTOR (TRAINING)
ADMINISTRATION
DEPARTMENT OF EMPLOYMENT & TRAINING
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
6. THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING (NCVT)
DEPARTMENT OF INDUSTRIAL TRAINING
GOVERNMENT OF INDIA,
NEW DELHI-110 001
REP. BY ITS DIRECTOR GENERAL.
7. QUALITY COUNCIL OF INDIA
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR,
NEW DELHI-110001
REP. BY ITS SECRETARY GENERAL
(W.P. DISMISSED AGAINST R-7 VIDE ORDER DATED:
17.01.2020. HENCE DELETED THE R-7)
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R-3, R-4 & R-5
SRI. K. CHANDRA MOHAN, CGC FOR R-1 R-2 & R-6
SRI. K. MANIK PRABHU CGSC FOR R-1 & R-2
R-7 DISMISSED
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDERS / CIRCULARS PASSED BY THE R2,
DT.6.8.12, DT.25TH OCTOBER/1ST NOVEMBER 2012,
DT.27.11.13, DT.21.5.14, DT.22.10.14 & ALSO THE CIRCULAR
PASSED BY THE R5, DT.4.8.14, VIDE ANN-A TO F
RESPECTIVELY BY DIRECTING THE RESPONDENTS TO
CONTINUE OF THE PERMANENT AFFILIATION ALREADY
GRANTED TO THE PETITIONERS TILL THE RESPONDENTS MADE
ACCEPTABLE, PROPER ORDERS IN ACCORDANCE WITH LAW
FOR REVAMPING IF ANY OF THE DGET SCHEMES BY HEARING
THE PETITIONERS ALSO.
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
IN W.P.No. 54541 OF 2014
BETWEEN:
KARNATAKA STATE PRIVATE ITI'S
MANAGEMENT ASSOCIATION (REGD)
REGISTERED OFFICE AT No. 21
K. SHIVARAM ITI BUILDING
GANGUSA LAYOUT, KALKERE MAIN ROAD
RAMAMURTHYNAGAR
BANGALORE - 560 016
REPRESENTED BY ITS GENERAL SECRETARY
DR.C.NARAYANAPPA
S/O LATE. CHIKKANNA
AGED ABOUT 47 YEARS
R/AT No. 21, I FLOOR
GANGUSA LAYOUT
RAMAMURTHYNAGAR
BENGALURU - 560 016.
...PETITIONER
(BY SRI.B. VIJAY SHETTY., ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY PRINCIPAL SECRETARY (LABOUR)
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110 001.
2. DIRECTORATE GENERAL OF
EMPLOYMENT & TRAINING
SHAMSHAKTHI BHAVAN
RAFI MARH, NEW DELHI-110001
REP. BY DIRECTOR GENERAL/
ADDITIONAL SECRETARY.
3. THE COMMISSIONER
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, DAIRY CIRCLE,
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
BANNERGHATTA ROAD,
BANGALORE- 560 029.
4. KARNATAKA STATE COUNCIL FOR
VOCATIONAL TRAINING,
REP. BY ADDITIONAL DIRECTOR/SECRETARY
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE-560 029.
5. THE JOINT DIRECTOR (TRAINING)
ADMINISTRATION
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
6. THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING (NCVT)
DEPARTMENT OF INDUSTRIAL TRAINING
GOVERNMENT OF INDIA,
NEW DELHI-110 001
REP. BY ITS DIRECTOR GENERAL.
7. QUALITY COUNCIL OF INDIA
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR,
NEW DELHI-110 001
REP BY ITS SECRETARY GENERAL
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R-3 TO R-5
SRI. R.M. JAVEED, ADVOCATE FOR R-7
SRI. SHOWRI H.R., CGC FOR R-1 & R-2
SRI. H. JAYASHANKAR SHETTY, CGC FOR R-1
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS / CIRCULARS PASSED BY THE R2, DT.6.8.12, DT.25TH
OCTOBER/1ST NOVEMBER 2012, DT.27.11.13,DT.21.5.14,
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C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
DT.22.10.14 & ALSO THE CIRCULAR PASSED BY THE R5,
DT.4.8.14, VIDE ANN-A TO F RESPECTIVELY BY DIRECTING
THE RESPONDENTS TO CONTINUE OF THE PERMANENT
AFFILIATION ALREADY GRANTED TO THE MEMBERS OF THE
PETITIONER VIDE ANNEX-J, TILL THE RESPONDENTS MADE
ACCEPTABLE, PROPER ORDERS IN ACCORDANCE WITH LAW
FOR REVAMPING IF ANY OF THE DGET SCHEMES BY HEARING
THEMEBERS OF THE PETITIONER VIDE ANNEX-J ALSO.
IN W.P.No. 18866 OF 2015
BETWEEN:
1. SRI RAMA ITC
SATHNUR
MAGADI TALUK
RAMANAGARA 562 120
REP. BY ITS PRINCIPAL
2. SBK ITC
OPP: KPTCL OFFICE
MALEBENNUR ROAD
HARIHARA
DAVANAGERE 577 530
REP. BY ITS PRINCIPAL
3. SRI TUNGABADHRA ITC
MALEBENNUR ROAD
HARIHARA
DAVANAGERE 577 530
REP. BY ITS PRINCIPAL
4. VIVEKANANDA ITI
R M ROAD
RAMANAGARA 562 125
REP. BY ITS PRINCIPAL
5. SRI SHIVAYOGI MUNESWARA SWAMY ITC
SRI MARULEGAVI MUTT
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WP No. 21961 of 2015
KANAKAPURA TQ
RAMANAGARA 562 122
REP. BY ITS PRINCIPAL
6. SRI SHIVAYOGI MUNESWARA SWAMY ITC
BIDADI TQ
RAMANAGARA 562 111
REP. BY ITS PRINCIPAL
7. SRI SADGURU RAMALINGESHWARA ITI
HAVING ITS REGISTERED OFFICE AT
GOSHALA ROAD, AUTO NAGAR
RAICHUR 580029
REP. BY ITS PRINCIPAL
8. SRI SIDDATOTENDRA ITI
HAVING ITS REGISTERED OFFICE AT
KEMBHAVI, SHORPUR TQ
YADGIR 585020
REP. BY ITS PRINCIPAL
9. BASAVA ITI
DEVADURGA
RAICHUR 585 111
REP. BY ITS PRINCIPAL
10 . SRI RAMA ITC
HAVING ITS REGISTERED OFFICE AT
BHADRAVATHI
SHIMOGA DIST 577 201
REP. BY ITS PRINCIPAL
...PETITIONERS
(BY SRI. KRISHNA S. VYAS, ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY PRINCIPAL SECRETARY (LABOUR)
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110 001.
2. DIRECTORATE GENERAL OF
EMPLOYMENT & TRAINING
SHAMSHAKTHI BHAVAN
RAFI MARH, NEW DELHI-110001
REP. BY DIRECTOR GENERAL/
ADDITIONAL SECRETARY.
3. THE COMMISSIONER
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
4. THE JOINT DIRECTOR (TRAINING)
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, NEAR DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
5. THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING (NCVT)
DEPARTMENT OF INDUSTRIAL TRAINING
GOVERNMENT OF INDIA,
NEW DELHI-110 001
REP. BY ITS DIRECTOR GENERAL.
6. QUALITY COUNCIL OF INDIA
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR, NEW DELHI-110 001
REP. BY ITS SECRETARY GENERAL
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R-3 & R4
SRI. G. D. SRINIVAS, CGC FOR R1 & R2
SRI. B.V. PRAKASH ANGADI, ADVOCATE FOR R1 & R2
WRIT PETITION IS DISMISSED AGAINST R5 & R6 V/O
DATED 17.01.2020)
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED CIRCULAR OF THE R4, ON BEHALF OF
THE R3, IN LIEU OF THE LETTER BY THE R2, DATED
01.12.2014, 11.02.2015 VIDE ANNEXURE-B.
IN W.P.No. 20668 OF 2015
BETWEEN:
1. SAS EDUCATION TRUST
ADHISHAKTHI ITI,
AKKIHEBBAULU,
K R PET TALUK,
MANDYA-571605,
REP. BY ITS PRESIDENT.
2. SAS EDUCATION TRUST,
SIR VISHWESHWARAIAH ITI COLLEGE,
KUKKERI, K R PET TALUK,
MANDYA-571605.
REP. BY ITS PRESIDENT.
3. NAVODAYA ITI
K R PET,
MANDYA-571605
REPTD. BY ITS PRINCIPAL.
4. VIDYA VIKAS ITI,
K R PET,
MANDYA-571606
REPTD. BY ITS PRINCIPAL.
5. RANGANATHA ITI
JAKKANAHALLI,
MANDYA-571807
REPTD. BY ITS PRINCIPAL.
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WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
6. SRI RANGANATHA ITI,
BABURAYANAKERPPALU,
SRIRANGAPATNA,
MANDYA-571438
REPTD. BY ITS PRINCIPAL.
7. SRI NANJUNDESHWARA ITI
KABBALLI, GUNDLUPET,
CHAMARAJNAGAR-571123,
REPTD. BY ITS PRINCIPAL.
8. SRI NANJUNDESHWARA ITI,
KODAKOLA,
MYSORE-571311,
REPTD. BY ITS PRINCIPAL
9. PRAGATHI ITI
HINAKURALI,
MANDYA -571455
REPTD. BY ITS PRINCIPAL
10 . BLS ITI
MANDYA -571433
REPTD. BY ITS PRINCIPAL
11 . SRI MALAI MAHADESHWARA EDUCATION SOCIETY
SALUR MUTT MAHADESHWARA HILL ITI,
KOLLEGAL,
CHAMARAJANAGARA-571440
REPTD. BY ITS SECRETARY.
12 . SRI MALAI MAHADESHWARA EDUCATION SOCIETY
SALUR MUTT HILL ITI,
HANUR,
CHAMARAJANAGARA-571439
REPTD. BY ITS SECRETARY.
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13 . CHAYADEVI ITI
CHAMARAJANAGARA-571149
REPTD. BY ITS SECRETARY.
14 . SREE BASAVESHWAR EDUCATIONAL TRUST
KOLLEGALA,
CHAMARAJANAGARA-571440,
REPTD. BY ITS SECRETARY.
15 . SRI KARIBASWESHWARA ITI,
B G PURA,
MALAVALLI TQ,
MANDYA-571430,
REPTD. BY ITS PRINCIPAL
16 . CPM ITI
HALAGURU,
MALAVALLI TQ,
MANDYA-571430,
REPTD. BY ITS PRINCIPAL
17 . NIRANJAN ITI
PANDITHAHALLI,
MALAVALLI TQ,
MANDYA-571430,
REPTD. BY ITS PRINCIPAL
18 . CHANDANA ITI
GUNDLUPETE,
CHAMARAJNAGARA-571123,
REPTD. BY ITS PRINCIPAL
19 . M SRINIVASA ITI
HONAKERE,
MANDYA-572221,
REPTD. BY ITS PRINCIPAL
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20 . VIVEKANANDA ITI,
MADUR,
MANDYA-571428,
REPTD. BY ITS PRINCIPAL
21 . MANDYA PVT. ITI
MANDYA-571110,
REPTD. BY ITS PRINCIPAL
22 . VISHWESHWARAIAH TECHNICAL ITI,
KOPPA, MADDUR,
MANDYA-571428,
REPTD. BY ITS PRINCIPAL
23 . VISHWESHWARIAH ITI
CHANNAPATTANA,
RAMANAGARA-562160
REPTD. BY ITS PRINCIPAL
24 . GYANA GANGA ITI,
MANDYA-571110,
REPTD. BY ITS PRINCIPAL
25 . BRAHMARISHI EDUCATION FOUNDATION,
BHARAMARSHI ITI,
IRWIN ROAD,
MYSORE-570001,
REPTD. BY ITS PRINCIPAL
26 . VENKATESHWAR ITI,
HULIYUR DURGA,
TUMKUR-572123,
REPTD. BY ITS PRINCIPAL
27 . MARUTHI ITI,
MAGADI,
RAMANAGARA-562 120,
REPTD. BY ITS PRINCIPAL
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28 . SARVAJANIKA PVT. ITI,
J C ROAD,
CHANNAPATNA,
RAMANAGARA-562 120,
REPTD. BY ITS PRINCIPAL
29 . SRI HOMBEGOWDA PVT. ITI,
KENGAL,
CHANNAPATNA,
RAMANAGARA-562 120,
REPTD. BY ITS PRINCIPAL
30 . SREE GURUDATTA ITC,
NEAR KEB GHANAGAPUR ROAD,
CHOUDAPUR TALUK,
GULBARGA-585101,
REPTD. BY ITS PRINCIPAL
31 . SHREE SATYA SAI ITC,
UMERGA ROAD, ALAND,
GULBARGA-585302,
REPTD. BY ITS PRINCIPAL
32 . BHAVANI ITI
RAMTHIRTA NAGAR,
ALAND ROAD,
GULBARGA-585302,
REPTD. BY ITS PRINCIPAL
33 . SHRI GURU SHANTHLINGESHWAR ITI
GURU SHANTALIGSHRAM SHIKH ROZA
SHAHABAZAR
GULBARGA-585101,
REPTD. BY ITS PRINCIPAL
34 . GURU INDUSTRIAL
TRAINING CENTRE (ITC)COLLEGE
ISHWAR TEMPLE,
SBH COLONY NEHRU GUNJ,
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GULBARGA-585104,
REPTD. BY ITS PRINCIPAL
35 . SHRI SADGURU INDUSTRIAL TRAIANING
CENTRE (ITC)
GULBARGA-585104,
REPTD. BY ITS PRINCIPAL
36 . ARYAN INDUSTRIAL TRAINING CENTRE
(ITI) SY.NO.34/A
NEAR IDGA MAIDAN NAGANHALLI,
CROSS RING ROAS
GULBARGA-585104,
REPTD. BY ITS PRINCIPAL
37 . JNANA JOTHI PVT ITI,
SEDAM
GULBARGA-585222,
REPTD. BY ITS PRINCIPAL
38 . DEVARAJ URS ITI
ALAND DIST.
GULBARGA-585302,
REPTD. BY ITS PRINCIPAL
...PETITIONERS
(BY SRI. KRISHNA S. VYAS, ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY PRINCIPAL SECRETARY (LABOUR)
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110 001.
2. DIRECTORATE GENERAL OF
EMPLOYMENT & TRAINING
SHRAMSHAKTHI BHAVAN
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
RAFI MARGH, NEW DELHI-110001
REP. BY DIRECTOR GENERAL/
ADDITIONAL SECRETARY.
3. THE COMMISSIONER
DEPARTMENT OF EMPLOYMENT & TRAINING
KAUSHALYA BHAVANA,
NEAR DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
4. THE JOINT DIRECTOR (TRAINING)
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, NEAR DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
5. THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING (NCVT)
DEPARTMENT OF INDUSTRIAL TRAINING
GOVERNMENT OF INDIA,
NEW DELHI-110 001
REP. BY ITS DIRECTOR GENERAL.
6. QUALITY COUNCIL OF INDIA
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR,
NEW DELHI-110 001
REP. BY ITS SECRETARY GENERAL
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED CIRCULAR OF THE R2, DATED
22.10.2014 VIDE ANNEXURE-B AND ALLOW THE PETITIONER
INSTITUTIONS TO ENROLL CANDIDATES UNDER THE EXISTING
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WP No. 18866 of 2015
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WP No. 21961 of 2015
SCHEME WITHOUT COMPLYING WITH THE NEW QCI
GUIDELINES.
IN W.P.No. 21961 OF 2015
BETWEEN:
KARNATAKA STATE PRIVATE ITPS MANAGEMENT
AND ITI EMPLOYEES ASSOCIATION (REGD)
REGISTERED OFFICE AT No.13
RATANAGIRI, BASAVANAGAR,
BIDAR TALUK AND DISTRICT
REP. BY ITS GENERAL SECRETARY
SRI. GOPAL D.T.
S/O DAYANANDARAO
AGED ABOUT 40 YEARS
R/AT KEB OFFICE
BIDAR DISTRICT - 585 403.
...PETITIONER
(BY SRI. SHIVRAJ PATIL, ADVOCATE)
AND:
1. UNION OF INDIA
REP. BY PRINCIPAL SECRETARY (LABOUR)
MINISTRY OF LABOUR & EMPLOYMENT,
NEW DELHI-110 001.
2. DIRECTORATE GENERAL OF
EMPLOYMENT & TRAINING
SHRAMSHAKTHI BHAVAN
RAFI MARGH, NEW DELHI-110001
REP. BY DIRECTOR GENERAL/
ADDITIONAL SECRETARY.
3. THE COMMISSIONER
DEPARTMENT OF EMPLOYMENT & TRAINING
KAUSHALYA BHAVANA,
NEAR DAIRY CIRCLE,
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BANNERGHATTA ROAD,
BANGALORE- 560 029.
4. KARNATAKA STATE COUNCIL
FOR VOCATIONAL TRAINING
REP. BY ADDITIONAL DIRECTOR/ SECRETARY
KOUSHALYA BHAVAN, DIARY CIRCLE
BANNERGHATTA ROAD
BANGALORE - 560 029
5. THE JOINT DIRECTOR (TRAINING) ADMINISTRATION
DEPARTMENT OF EMPLOYMENT & TRAINING
KOUSHALYA BHAVAN, NEAR DAIRY CIRCLE,
BANNERGHATTA ROAD,
BANGALORE- 560 029.
6. THE NATIONAL COUNCIL FOR
VOCATIONAL TRAINING (NCVT)
DEPARTMENT OF INDUSTRIAL TRAINING
GOVERNMENT OF INDIA,
NEW DELHI-110 001
REP. BY ITS DIRECTOR GENERAL.
7. QUALITY COUNCIL OF INDIA
INSTITUTE OF ENGINEERS BUILDING,
2ND FLOOR,
NEW DELHI-110 001
REP. BY ITS SECRETARY GENERAL
WRIT PETITION IS DISMISSED AGAINST R7
V/O DATED 17.01.2020
...RESPONDENTS
(BY SRI. K. CHANDRAMOHAN, CGC FOR R1-R2
SMT. MAMATHA SHETTY, AGA FOR R3 TO R5
WRIT PETITION DISMISSED AGAINST R7)
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WP No. 18811 of 2015
C/W WP No. 54541 of 2014
WP No. 18866 of 2015
WP No. 20668 of 2015
WP No. 21961 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED CIRCULARS PASSED BY R2, DATED
06.08.2012 VIDE ANNEXURE-E 25TH OCTOBER / 1ST NOVEMBER
2012, AS PER ANNEX-F 27.11.2013, VIDE ANNX-G 21.05.2014,
AS PER ANNEX-H AND ALSO THE CIRCULAR / ORDER PASSED
BY THE R5 DATED 04.08.2014 AS PER ANNEX-J CIRCULAR /
ORDER DATED 22.10.2014 PASSED BY THE R-2 AS PER
ANNEX-K.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In W.P No.18811/2015, the petitioners filed this writ petition seeking for Mandamus to quash the orders passed by the second respondent dated 22.10.2014 and also circular passed by the fifth respondent dated 04.08.2014 vide annexures A to F and directing the respondents to continue the permanent affiliation already granted to the members of the petitioners, till the respondents make acceptable, proper orders in accordance with law for revamping if any of the DGET schemes by hearing all the members of the petitioners.
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NC: 2023:KHC:32357 WP No. 18811 of 2015 C/W WP No. 54541 of 2014 WP No. 18866 of 2015 WP No. 20668 of 2015 WP No. 21961 of 2015
2. In W.P No.54541/2014, the petitioner filed this writ petition seeking for Mandamus to quash the orders passed by the second respondent dated 06.08.2012 and also circular passed by the fifth respondent dated 04.08.2014 vide annexures A to F and directing the respondents to continue the permanent affiliation already granted to the members of the petitioner vide annexure-J, till the respondents make acceptable, proper orders in accordance with law for revamping if any of the DGET schemes by hearing all the members of the petitioner vide annexure-J.
3. In W.P No.18866/2015, the petitioners filed this writ petition seeking for Mandamus to quash the circular of the 4th respondent on behalf of the 3rd respondent, in lieu of the letter by the 2nd respondent dated 01.12.2014 vide annexure B and allow the petitioners to enroll candidates under the existing scheme without complying with the new QCI guidelines and directing the respondents to allow the
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NC: 2023:KHC:32357 WP No. 18811 of 2015 C/W WP No. 54541 of 2014 WP No. 18866 of 2015 WP No. 20668 of 2015 WP No. 21961 of 2015 petitioner colleges to enroll students for the next academic year, without complying with the new QCI norms.
4. In W.P No.20668/2015, the petitioners filed this writ petition seeking for Mandamus to quash the circular of the 2nd respondent dated 22.10.2014, vide annexure-B and allow the petitioner-institutions to enroll candidates under the existing scheme without complying with the new QCI guidelines and directing the respondents to allow the petitioner colleges to enroll students for the next academic year, without complying with the new QCI norms.
5. In W.P No.21961/2015, the petitioner filed this writ petition seeking for Mandamus to quash the orders passed by the second respondent dated 06.08.2012 vide annexures E to H and also circular passed by the fifth respondent dated 04.08.2014 and 22.10.2014 vide annexure J and K, and directing the respondents to continue the permanent affiliation already granted to the members of the petitioner vide annexure-C, till the
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NC: 2023:KHC:32357 WP No. 18811 of 2015 C/W WP No. 54541 of 2014 WP No. 18866 of 2015 WP No. 20668 of 2015 WP No. 21961 of 2015 respondents make acceptable, proper orders in accordance with law for revamping if any of the DGET schemes by hearing the members of the petitioner vide annexure-C.
6. Learned counsel for the respondent No.1 filed a memo along with the documents wherein, the Directorate General of training/ Member Secretary NCVT vide communication dated 22.01.2020 addressed to all the State Directorate (dealing with Craftsman Training Scheme) wherein, it is stated that due to administrative reasons the DGT will take up these applications applied for re-affiliation in due course of time. Further, the status of affiliation of the particular ITI will remain the same until ITI is de-affiliated. Hence, the competent authority has decided that ITIs will be allowed to take admissions without insisting them for re-affiliation until further orders, subject to fulfillment of other criteria. Unless otherwise stated, no ITI should send applications for re-affiliation at this Directorate General.
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NC: 2023:KHC:32357 WP No. 18811 of 2015 C/W WP No. 54541 of 2014 WP No. 18866 of 2015 WP No. 20668 of 2015 WP No. 21961 of 2015
7. Learned counsel for the parties submit that, in view of the communication dated 22.01.2020, nothing survives for consideration in these writ petitions and accordingly the writ petition may be disposed of.
8. The learned counsel for the petitioners submitted that liberty be reserved in favour of the petitioners in case if the respondents pass any adverse orders.
9. Submission is placed on record. In view of the communication dated 22.01.2020, nothing survives for consideration in these writ petitions. Accordingly, the writ petitions are disposed of with the aforesaid liberty.
Sd/-
JUDGE SKS