Rajasthan High Court - Jaipur
Sankalp Pvt. Iti, Sikandara, Dausa, ... vs Union Of India on 29 May, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7599/2019
Sankalp Pvt. ITI, Sikandara, Dausa, Bharti Vidya Mandir Samiti,
Jaipur
----Petitioner
Versus
Union Of India
----Respondent
For Petitioner(s) : Ms. Anupama Swami, Adv.
Ms. Aradhana Swami, Adv.
For Respondent(s) : Mr. Anand Sharma, Adv.
Ms. Manjeet Kaur, Adv.
Mr. Ashish Kumar, Adv.
Mr. Hari Kishan Saini, Dy. G.C. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 29/05/2019
1. Heard the matter on the stay application.
2. Learned counsel appearing for the petitioner submits that the Procedure for evaluation of ITIs, ITCs and Trades/Units which are already affiliated to NCVT (Government and Private) for de- affiliation purposes have been laid down which are binding. As per the said procedure after the Director issued a show cause notice to the concerned ITIs on the basis of inspection conducted and reply is received, the matters shall be referred to the Standing Committee for evaluation. The Standing Committee as per Clause 4 of the Training Manual is required to be constituted by the concerned State Director as laid down therein which provides as under:-
(Downloaded on 29/06/2019 at 05:02:33 AM)
(2 of 3) [CW-7599/2019] "4. The Standing Committee for evaluation shall be constituted by the concerned State Director/UT Administrator on the same lines as is done for considering affiliation. The constitution of the Standing Committee for evaluation will be as under:
I. State Director/UT Administrator, In-charge of Chairman Craftsmen Trg. Scheme or his representative II. Representative of Secretary NCVT Member III. Two representatives-one from Deptt. Of Member Industries and the other from deptt. Of labour IV. Expert in the relevant field (to be nominated by Member the State Director/UT Administrator) NOTE: At least three members (one representative of the Secretary NCVT, one representative of the State Directorate and anyone other) will form quorum."
3. It is the submissions of the learned counsel that no Standing Committee as required to be formed above, was constituted and without evaluation from the Standing Committee the institutes have been de-affiliated.
4. Learned counsel appearing for the State has taken this Court to the order dated 02.07.2018 issued by the State Minister whereby the Minister has directed the Director Training to constitute a Monitoring Committee for conducting inspections which consists of one Deputy Director (Training) and through Principals of ITIs. Learned counsel further submits that it is the said Committee which has made recommendations for de-
affiliation.
5. Prima facie this Court does not find the said Committee to be constituted in terms of Clause 4 of the Training Manual as quoted (Downloaded on 29/06/2019 at 05:02:33 AM) (3 of 3) [CW-7599/2019] above. Apparently, the provisions and procedure as laid down for de-affiliation has not been followed. Accordingly, the order of de- affiliation of the ITIs passed in the meeting of the DGET held on 28.03.2019 on the basis of the recommendations of the State Director shall remain stayed. The petitioner-institute shall be provided students, as they were being provided earlier in the ensuing counselling.
6. List again on 29.07.2019 alongwith S.B.C.W.P. No.7564/2019.
7. In the meanwhile, the Central Government may also file its reply.
(SANJEEV PRAKASH SHARMA),J Ramesh Vaishnav/86 222. (Downloaded on 29/06/2019 at 05:02:33 AM) Powered by TCPDF (www.tcpdf.org)