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"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour"

21. Articles 73, 162 and 246 of the Constitution of India provide as under:-

Article 73 of the Constitution of India "73. Extent of executive power of the Union. - (1) Subject to the provisions of this Constitution, the executive power of the Union shall extend--

23. The NCVT i.e. the National Council of Vocational Training is not established under any Act passed by the Parliament and is an executive body formed by the Director General of Training, Ministry of Skill Development & Entrepreneurship, Government of India, by exercising powers under Article 73 (1) of the Constitution of India. Therefore, letter issued by the DGT requesting the respective State Governments to incorporate the requirement of Craft Instructor Training Certificate as a prerequisite qualification for appointment of instructor in various faculties, for; it is to be considered as directory and not mandatory.

24. Learned senior counsel for the petitioners Smt. Anu Chatrath has strenuously argued that the State Government cannot be allowed to ignore the directions issued by the executive of the Union. However, we differ, as Articles 73 and 162 of the Constitution of India relate to the executive powers of the Union and the corresponding provisions with regard to the executive powers of the State Government.

25. In Rai Sahib Ram Jawaya Kapur (supra) the aspect was discussed at length but where the statutory rules have been framed under proviso to Article 309 of the Constitution by the State, directions issued by the executive under Article 73 of the Constitution cannot override such statutory rules and the corollary would be that the rules so framed would not be declared ultra vires to the Constitution merely because the Central Government by issuing executive instructions takes a 12 of 20 Neutral Citation No:=2024:PHHC:045189-DB CWP No. 37892 of 2018 2024:PHHC:045189-DB -13- view different from the statutory rules framed by the State Government for appointment of persons and requisite qualifications laid down for the purpose.

30. Sixth, a policy decision taken in terms of the power conferred under Article 73 of the Constitution on the Union and Article 162 on the States is subservient to the recruitment rules that have been framed under a legislative enactment or the rules under the proviso to Article 309 of the Constitution."

29. At the same time, we may not be misunderstood to mean that the State Government should not follow the guidelines issued by the Central Government, however, if for practical reasons, it is not possible to make such a requirement as mandatory, and the rules framed under Proviso to Article 309 of the Constitution have not been incorporated such a condition for the purpose of appointment as 14 of 20 Neutral Citation No:=2024:PHHC:045189-DB CWP No. 37892 of 2018 2024:PHHC:045189-DB -15- Craft Instructors; this Court by Writ of Mandamus would not direct the State Government to frame their rules accordingly nor can a rule framed by the State Government be declared ultra virus on the said basis. It would be worthwhile to notice the stand taken by the Central Government in the present cases. Affidavit has been filed in CWP No. 27658 of 2019 on behalf of the Union of India and it has been stated that the Director General of Training (the DGT) is not involved in framing recruitment rules of any employer. Guidelines, syllabi or office orders, if any, issued from time to time are common to all stakeholders, such State Governments, Union Territories, private ITIs or students. Paras 3 and 4 of the affidavit are extracted below:-