Document Fragment View

Matching Fragments

HON'BLE MR. JUSTICE G.R. MOOLCHANDANI Order Per Hon'ble G.R. Moolchandani, J 17/01/2017 REPORTABLE The petitioners have challenged validity of advertisement dated 16/09/2016 issued by Rajasthan Subordinate and Ministerial Staff Service Recruitment Board, Jaipur pertaining to recruitment of I.T.I. Instructors allegedly issued in violation of prescribed standards as enunciated by National Council for Vocational Training (NCVT) under Directorate General of Training (DGT), Ministry of Skill Development & Enterpreneurship because of scaling down the necessary qualification.

4. National Council for Vocational Training (NCVT) was established by Central Government and recommendations made by the Council were accepted by Central Government vide its letter dated 27/05/2014 and 07/01/2016, which relates to Prescription of CITS for recruitment of Instructors in I.T.I that a necessary qualification.

5. The Central Government, accepting the recommendations of NCVT for enhancement of excellence in teaching, as such, the directions issued by the Central Government are mandatory and are binding upon the State Government, so the State Government cannot conduct recruitment in ignorance of the said qualification and Central Government has laid down guidelines for recruitment of instructors for I.T.I.s by providing 30% waitage marks to such CITS qualified candidates but the imperative guidelines were ignored by the State of Rajasthan, while issuing its recruitment process.

7. Heard rival contentions of both the sides and examined the record, it is not disputed that the National Council for Vocational Training (NCVT) working under the Directorate (10 of 14) [CW-12145/2016] General of Training (DGT), Ministry of Skill Development & Entrepreneurship has been entrusted to prescribe standards and curriculum for Crafts Man Training and guidelines issued by Director General of Training, Government of India for recruitment of Instructors in I.T.I of holding a qualification of Craft Instructors Training Scheme (CITS), which already stands accepted by the Central Government and Central Government acting upon the same guidelines having issuing instructions on 27/05/2014 and 07/05/2016 that CITS is mandatory for all the ITI Instructors and laying down such instructions for recruitment accordingly.

8. We, have to examine whether the directions issued by the Central Government on the recommendations of NCVT are mandatory and are binding upon the State Government, which has the powers under proviso to Article 309 to frame service rules subject to the provisions of the Constitution and acts of appropriate legislature and further having acted upon these recommendation, whether the State Government could have again lower down the qualification capriciously without a justifiable reason.