Kerala High Court
Josina V.R vs State Of Kerala on 13 November, 2024
WP(C)NO.5745/2015 1
2024:KER:84366
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024/22ND KARTHIKA,1946
WP(C) NO. 5745 OF 2015
PETITIONER:
JOSINA V.R
AGED 33 YEARS
W/O.BIJU, VAZHAYIL VEEDU, NOOROMMAVU P.O.,
MALLAPPALLY, PATHANAMTHITTA.
BY ADV SRI.R.SANTHOSH BABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
INDUSTRIAL TRAINING DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR
EMPLOYMENT AND TRAINING, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695 014.
3 SECRETARY STATE COUNCIL
FOR VOCATIONAL TRAINING, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695001.
4 R.S.SUBEESHKAR
DEPUTY GENERAL MANAGER (HR), HLL LIFECARE
LIMITED, HLL BHAVAN, POOJAPURA P.O.,
THIRUVANANTHAPURAM - 695 012.
5 ADDL.R5 :
HLL LIFE CARE LIMITED
REPRESENTED BY THE CHAIRMAN AND MANAGING
DIRECTOR, HLL BHAVAN, POOJAPPURA PO.,
THIRUVANANTHAPURAM - 695 012.
WP(C)NO.5745/2015 2
2024:KER:84366
ADDL.R5 IMPLEADED AS PER ORDER DATED 04.03.2015
IN I.A.NO.2970/15.
6 ADDL.R6 :
DIRECTOR
NATIONAL COUNCIL FOR VOCATIONAL TRAINING
GOVT. OF INDIA, NEW DELHI.
ENTERED APPEARANCE AS PER ORDER DATED 31.03.2015
BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.V.KRISHNA MENON
SRI.E.K.MADHAVAN
SRI.PRINSUN PHILIP
SMT.J.SURYA
SMT.P.VIJAYAMMA
SMT.K.M.RASHMI, SR.GOVERNMENT PLEADER
THIS WRIT PETITION HAVING BEEN FINALLY HEARD ON
30.12.2014, THE COURT ON 13.11.2024 DELIVERED THE
FOLLOWING:
WP(C)NO.5745/2015 3
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JUDGMENT
Dated this the 13th day of November, 2024 This Writ Petition is filed by the petitioner seeking the following prayers :
"(I) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to issue the original of National Trade Certificate or any equivalent trade certificate to the petitioner without any delay.
(II) To issue a writ of mandamus directing 4 th respondent to permit the petitioner to appear for the interview scheduled on 24.02.2015 as per Ext.P3 by exempting the production of the original National Trade Certificate in the interest of justice."
Brief facts:
2. Petitioner was a student at the Industrial Training Institute for Women (I.T.I.), Chengannur during 1999-2001. She has successfully passed the prescribed test in the trade of 'Electronic Mechanic' which was held in the month of July 2001. She was issued with Ext.P1 Provisional National Trade Certificate dated 29.11.2001 by the 3rd respondent. In the said certificate, it had been stated that the same is only provisional and that the National Trade Certificate (NTC) will be issued by the National Council for Vocational Training (NCVT). Her grievance is that despite the repeated requests, the respondents have not yet issued her the National Trade Certificate (NTC). She relies on Ext.P5 judgment of this Court in WP(C)NO.5745/2015 4 2024:KER:84366 W.P.(C) No.21326 of 2003 wherein this Court had directed the issuance of NTC to a similarly situated person.
3. The 6th respondent Director of NCVT has filed a detailed counter affidavit. It has been stated therein that as per the records of the DGE&T, the Industrial Training Institute for Women, Chengannur, the name of which had been subsequently corrected as Government ITI for Women, Chengannur, Angadical South, Alappuzha, Kerala is affiliated in trades of COPA 2 (1+1) units, Electronic Mechanics 2 (1+1) Units and Stenography (English) 01 Unit since the year 1993. The certificate of affiliation issued by the DGET dated 04.11.2013 has been produced along with the counter affidavit as Ext.R6 (a). Further it has been stated in the counter affidavit as follows:
"As the Institute had affiliation, permitted to admit the student in the Electronic Mechanics trade for session 1999-2001. It is evident that the petitioner had successfully completed two years of ITI course in Electronic Mechanics Trade and issued Provisional National Trade Certificate by respondent No.2, so she is entitled to get the National Trade Certificate (NTC), after successfully passing of All India Trade Test (AITT) conducted by National Council for Vocational Training (NCVT)"
The said counter affidavit of the 6 th respondent further proceeds to state NTC will be issued only based on the information received from the State Directorate and that as per the records maintained by the 6 th respondent, WP(C)NO.5745/2015 5 2024:KER:84366 the information relating to the petitioner needed for printing of certificates was never received and hence the NTC of the petitioner could not be printed. It is stated therein that except for the communication and correspondence between the petitioner and the State Directorate of Kerala, the 6th respondent has not received any letter from the petitioner and that had any communication been received from the petitioner, timely action would have been initiated to issue NTC to the petitioner. As regards Ext.P5 judgment relied on by the petitioner in the W.P.(C), the 6 th respondent in its counter affidavit has stated that compliance with the directions in the said judgment could be effected and NTC could be issued since the details regarding the said person had been duly received by the 6th respondent. The 6th respondent thus contends that in the case of the petitioner, however, none of the modes for submitting information was followed by the State Directorate of Kerala and that for the said sole reason, the NTC of the petitioner could not be printed. The 6 th respondent has further generally averred in its counter affidavit that the State Directorate is responsible for providing the information of passed-out trainees to the Directorate General for the printing of the certificate and the certificates could not be printed till requisite information in the prescribed format is received from the State Directorate. The main cause for depriving the students of NTC, according to the 6 th respondent is the WP(C)NO.5745/2015 6 2024:KER:84366 delay in submitting information by the State to the 6th respondent.
4. The 2nd respondent, however, has filed a counter affidavit stating a different version. It is admitted in the said counter affidavit that the petitioner was a trainee of Electronic Mechanic Trade at Government ITI (W) Chengannur and that she passed the prescribed test in the trade of "Electric Mechanic" held in the month of July, 2001. However, during the relevant period, the trade of 'Electronic Mechanic' at Government ITI (W), Chengannur, was not affiliated with the National Council for Vocational Training (NCVT). Though both affiliated and unaffiliated courses were offered by Government ITI (W), Chengannur, the prospectus issued during the relevant period was common to all and the distinction between the affiliated and unaffiliated trades was not mentioned in the prospectus published till the year 2001. Since the trade of 'Electronic Mechanic' at Government ITI (W), Chengannur was not affiliated to NCVT during the period 1999-2001, the petitioner is only eligible for SCVT certificate. It is further stated in the counter affidavit that the grievance of persons like the petitioner has been noted by the 1st respondent and hence Ext.R2(a) has been issued treating the SCVT certificate holders who had been issued with the Provisional National Trade Certificate (PNTCs) as equivalent to those who hold NTC when it comes to appointments in State Government/ Quasi Government Institutions and Public Sector Undertaking. Nothing WP(C)NO.5745/2015 7 2024:KER:84366 has been stated in the counter affidavit of the 2 nd respondent regarding not forwarding the details of the petitioner to the additional 6th respondent for issuance of NTC. The silence is presumably for the reason that the 2 nd respondent considers the same to be a redundant exercise as they deem the petitioner to be not entitled to the issuance of NTC since according to them the course that she underwent was not affiliated with the National Council for Vocational Training (NCVT) during the relevant time.
5. Heard Sri.R.Santhosh Babu, learned counsel appearing for the petitioner and Smt.K.M.Rashmi, learned Senior Government Pleader appearing for the 2nd respondent.
6. The learned counsel appearing for the petitioner contends that the petitioner has been put to substantial loss and injury since she has not been issued the NTC as undertaken in the provisional certificate issued to her. She vehemently contends that after having undergone the course successfully and having been issued with a provisional certificate specifically informing that the NTC will be issued later, the 2 nd respondent cannot now be heard to contend that the course had no affiliation. She further contends that the authority competent to issue the NTC on the other hand has no such case in their counter affidavit that the course is not affiliated. The learned counsel submits that the 2 nd respondent cannot put forth the contentions seen taken in the counter affidavit when the WP(C)NO.5745/2015 8 2024:KER:84366 authority competent to issue the NTC, viz., the 6 th respondent themselves have stated in their counter affidavit that the Institute had an affiliation to admit the student for Electronic Mechanics trade for session 1999-2001. The learned counsel relies on Exts.P2 to P4 and contends that the same would reveal that she had lost many employment opportunities both within India and abroad for non-production of the original NTC. She further relies on Ext.P5 judgment of this Court and contends that a similarly situated person had been issued with NTC pursuant to the intervention of this Court as revealed therein. The learned counsel thus prays that though IInd prayer the W.P.(C) has become redundant due to efflux of time, Ist prayer as sought in may be allowed as prayed for.
7. Per contra, the learned Government Pleader contended that the prayer sought in the Writ Petition cannot be granted. The statements made in the counter-affidavit filed by the 2nd respondent are reiterated and it is submitted that the petitioner was extended the option to avail herself of the SCVT certificate, which she had declined to accept. It is further contended by the learned Government Pleader that the State Government had, taking note of the situation of persons like the petitioner who had undergone training in the trade not affiliated to the NCVT, taken steps to recognize the PNTC as equivalent to NTC and the same would meet the concerns of the petitioner as the PNTC can be now presented WP(C)NO.5745/2015 9 2024:KER:84366 for appointments in State Government/ Quasi Government Institutions and Public Sector Undertaking.
8. The learned counsel for the petitioner in reply submits that the issuance of SCVT certificates or the steps said to have been taken by the State Government to recognise the PNTC for employment within the State are not sufficient substitutes for the issuance of the original NTC, since the NTC alone has a pan-India acceptance and it could even be used for seeking employment abroad. The learned counsel submits that the counter affidavit filed by the 6 th respondent evidences their willingness to issue the NTC though the 2nd respondent has been unnecessarily protracting the matter, and such procrastination from the State has been lamented by the 6th respondent in their counter affidavit.
9. Upon hearing the counsel and perusing the pleadings, it is revealed that despite having successfully completed the course of Electronic Mechanic as early as 2001 and having been issued with Ext.P1 Provisional National Trade Certificate in the trade of Electronic Mechanic which specifically states that the Original NTC will be issued by the National Council for Vocational Training, the petitioner has not yet been issued with the same. Thus in spite of more than decades having elapsed after her successfully completing the course, the petitioner is still not in a position to put to beneficial use the educational qualification acquired by WP(C)NO.5745/2015 10 2024:KER:84366 her solely due to the non-issuance of the original certificate. The said stalemate cannot be allowed to continue any further.
10. A student who successfully completes a Government approved course and is issued with a provisional certificate which carries an undertaking on its face that an original certificate will soon follow, has a legitimate expectation that the same will be duly issued to her. The same stands breached in the case of the petitioner. Though inordinately delayed, the petitioner is entitled to be issued with the original National Trade Certificate to which she is entitled as per her qualification as revealed in Ext.P1 provisional National Trade Certificate. The 6 th respondent, which is the competent authority regarding issuance of NTC, has specifically stated in their counter affidavit that as per the records of the DGE&T, the Industrial Training Institute for Women, Chengannur, wherein the petitioner underwent the relevant course, has a valid affiliation for the trade of 'Electronic Mechanic' since the year 1993. The petitioner was admitted to the affiliated institute for session 1999-2001. The 6th respondent has further stated in the counter affidavit that NTC is issued based on the information received from the State Directorate. As per the records maintained by the 6th respondent, the information relating to the petitioner needed for the printing of NTC was never received from the State Directorate. Hence according to the 6th respondent, the NTC of the WP(C)NO.5745/2015 11 2024:KER:84366 petitioner could not be printed for the sole reason that the State Directorate, which is responsible for providing the information of passed- out trainees to the Directorate General for the printing of the certificate had not forwarded the requisite information of the petitioner in the prescribed format. Once it is received from the State Directorate, the 6 th respondent will process the same and issue the NTC to the petitioner. In the light of the said specific statements made in the counter affidavit of the 6th respondent, the contentions put forth by the 2nd respondent cannot be countenanced.
11. In view of the above, this W.P.(C) is disposed of with the following directions:
(i) The 2nd and 3rd respondents shall, within a period of one month from the date of receipt of a copy of this judgment, forward to the 6th respondent the relevant details of the petitioner as reflected in Ext.P1 provisional National Trade Certificate and any other additional details needed for issuance of a National Trade Certificate by the 6th respondent.
(ii) The 6th respondent shall, within a period of two months from the receipt of the details as mentioned above, issue to the petitioner the National Trade Certificate as reflected in Ext.P1 Provisional National Trade Certificate.WP(C)NO.5745/2015 12
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(iii) The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 2 nd and 3rd respondents for further action.
Sd/-
SYAM KUMAR V.M. JUDGE csl WP(C)NO.5745/2015 13 2024:KER:84366 APPENDIX OF WP(C) 5745/2015 RESPONDENT EXHIBITS Exhibit R2(b) True copy of the Government Order G.O(Rt) No.2766/05/LBR dated 01.10.2005 PETITIONER'S EXHIBITS EXT.P1 COPY OF CERTIFICATE SL NO.105146 DATED 29.11.2001 ISSUED BY THE 3RD RESPONDENT EXT.P2 TRUE COPY OF THE DECLARATION ISSUED FROM ISRO VALIYAMALA, THIRUVANANTHAPURAM.
EXT.P3 TRUE COPY OF THE CALL LETTER DATED
11/02/2015 ISSUED BY THE 4TH RESPONDENT.
EXT.P4 TRUE COPY OF THE LETTER DATED 06/12/2014
TO THE 2ND RESPONDENT.
EXT.P5 TRUE COPY OF JUDGMENT IN WP(C)
21326/2003 DATED 4.7.2003
RESPONDENTS' EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE G.O. (Rt) NO.
2766/05/LBR DATED 01-10-2005
EXHIBIT R6(a) TRUE COPY OF THE CERTIFICATE OF
AFFILIATION ISSUED BY THE MINISTRY OF
LABOUR & EMPLOYMENT DIRECTORATE GENERAL
OF EMPLOYMENT & TRAINING,NEW DELHI DATED
04-11-2013.