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3. The opposite parties 1 to 4 have filed their counter affidavit denying the claim of the petitioner and supporting the order of de-affiliation (Annexure-3). These opposite parties claim that the petitioner's institution having not fulfilled the requirement and the norms prescribed by the competent authority, they had to de-affiliate the trades. It is stated that all Government Industrial Training Institutes (ITIs) and affiliated Private Industrial Training Centres in the State are imparting Craftsman Training Scheme as per the guideline prescribed by the Director General Employment and Training (DGE & T), Government of India. The trade/units of ITI/ITC are affiliated with National Council for Vocational Training (NCVT), New Delhi. The examinations with the Trade Testing and Certificate are controlled by the NCVT through State Council for Technical Education and Vocational Training (SCTE & VT) in the State. It is stated that Baji Rout Industrial Training Center in the District of Dhenkanal was established by a private party, had been granted affiliation in the trade/unit in a phased manner in different years by NCVT as per their application after conducting Standing Committee inspection as per DGE & T norms with the objective of maintaining quality at a national level as under:

1. Electrician : 4 (2 + 2) units : 2 units in morning shift & 2 units in day shift.
2. Fitter : 6 (3 + 3) units : 3 units in morning shift & 3 units in day shift.
3. Welder : 2 (1 + 1) : 1 unit in morning shift & 1 unit in day shift.
4. It is the case of the opposite parties that as per the DGE&T training manual, either on the basis of the inspection report or otherwise when it comes to the notice of the concerned State Directorate that a particular ITI/ITC in the specific trade/unit is either not conducting training as per curriculum and/or is lacking in maintaining the norms/ standards prescribed by NCVT, the State Director is to initiate action and constitute Standing Committee for evaluation of the institute under intimation to him. The Director, Technical Education and Training issued notice to the petitioner's institution in letter dated 6.3.2000 for evaluation of trades and units lacking deficiencies for de-affiliation purposes. The State Directorate constituted Standing Committee for evaluation as per the DGE&T training and manual consisting of the State Director/VT Administrator in-charge of Craftsman Training Scheme, representative of Secretary, NCV&T, two representatives, one from the Department of Industries and the other from the Department of Labour and expert in the relevant field who is to be nominated by the State Director.
5. The Standing Committee inspected the petitioner's institution on 10.3.2000 and found deficiencies in respect of machineries, equipments and power supply. The workshop of the welder trade was not organized properly. Purchase vouchers towards procurement of machineries and equipments could not be produced by the ITC. Therefore, the Committee recommended for de-affiliation of electrician (2 + 2) and welder (1 + 1) units to DGE&T, New Delhi for taking final decision in the matter. The DGE&T in its observation advised the Director to issue a notice to the management at least 30 days before the date of inspection. That was done and notice was served on 6.5.2000. The Standing Committee visited the institution on 13.3.2000 and recommended for de-affiliation/withdrawal for affiliation granted to them in the trades Electrician (1 + 1), Welder (1 + 1) units along with Fitter (1 + 1) unit due to deficiencies, a copy of the observation has been annexed to the counter affidavit as Annexures-E/1, F/1 and G/1 respectively. The DGE&T after scrutinizing the recommendation of the Standing Committee placed the same in the Sub-Committee of the NCVT constituted for affiliation/de-affiliation of trades and units of ITI/ITCs and on such recommendation of the Sub-Committee, the Director has directed de-affiliation of two units of electrician trade, two units of fitter trade and two units of welder trade. The allegation with regard to mala fides has been stoutly denied by the opposite parties. According to the opposite parties, the Principal, Industrial Training Institute for Women, Dhenkanal was appointed as an expert member in the Standing Committee and the Dy. Director dealing with Craftsman Training Scheme was also appointed representative of the DTE&T, who were fully competent for verification of the electrician, fitter and welder trade and, as such, there is no infirmity in the action taken by the opposite parties.
6. The moot question that arises for consideration is, as to whether the petitioner' institution had fulfilled and complied with all the requirement laid down for continuance of the affiliation granted to it in the trades and as to whether reasonable opportunity had been given to the petitioner to show cause and to rectify the defects found.
7. The procedure for affiliation of it is and ITCs/Trades/Units, which are already affiliated to NCVT and the de-affiliation procedure has been prescribed in Appendix-XX annexed to the counter affidavit as Annexure-H/1. Under Clause 5 thereof, the Standing Committee for evaluation is to be constituted by the concerned State Director and necessary arrangements for inspection of ITIs/ITCs shall be made by him. A notice is required to be issued to the Management of the ITI/ITC for inspection of the Institute by the Standing Committee as per Appendix-II. The Standing Committee is to inspect the Institute and verify the existing infrastructural facilities, viz. staff accommodation, workshop buildings, tools shop outfits, equipment etc. as per prescribed norms/standards and conduct of training in relevant trades/Units. Clause 8 requires that the Inspection Report should be scrutinised by the Directorate General of Employment and Training. After scrutiny of the report, if the Secretary, NCVT, also recommends for de-affiliation, the report and recommendation of the Secretary NCVT, thereon, should be forwarded to the members of the Sub-Committee of NCVT dealing with affiliation for their consideration and approval. The State Director is to issue de-affiliation order of the Management to the Institute and from the date of issue of such order, the relevant trades will stand de-affiliated. However, the existing batch of the trainees, if otherwise eligible, should be permitted by the State Director to appear in the ensuing All India Trade Test. But however, the further admission should be stopped from the next session onwards. Clause 11 however stipulates that when deficiencies/discrepancies are made up, the institute/trade/unit can be re-started by the Management in accordance with the existing affiliation procedure. A Xerox copy of the show cause notice issued to the petitioner-institution, copy of the reports of the Standing Committee showing deficiencies and discrepancies held on 13.6.2000 have been filed as Annexure-J/1 series.