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(ix)Check list for forwarding SCIR/DIRs to DGE&T (HQ) for seeking affiliation at Annexure III B. ..... "

3.The above procedure, in nutshell, contemplates that the State Director In-charge of Craftsmen Training should notify calling for applications in the prescribed proforma from the agency seeking permission to start training on the pattern of the Craftsmen Training Scheme from the August session of the following year. Annexure I provides the proforma, which requires specific mention of the trades, number of units and the proposed date of starting the institution including the staff proposed to be appointed and the accommodation proposed to be provided. The last date for the receipt of applications will be 31st December. The applications received will be scrutinized by the State Director and on his satisfaction as to the authenticity and financial position of the applications, he shall convey provisional permission. The management of the institutes should make all necessary arrangements to provide infrastructural facilities for the proposed trades/units and the State Director shall verify the availability of necessary infrastructure and availability of instructors at the institute and if he is satisfied with such facilities, he may constitute a Standing Committee and get the institute inspected. The Standing Committee will ensure the availability of site plan and building drawing indicating various section, workshop, etc. and the space earmarked for each trade both already affiliated and proposed for affiliation. On receipt of the recommendations of the Standing Committee, the State Director in consultation with the coordinating officers, who are incharge of the region, shall prepare the Joint Action Plan for affiliation inspection of ITIs and ITCs for the State and Union Territory concerned. A cut-off date was fixed for the State Director to report to the NCVT as to the details of ITIs and ITCs to be considered for affiliation during the following academic year. Thereafter, the report of the Standing Committee will be scrutinized by the DGE&T for grant of affiliation and only such of those trades/units which are found out to the prescribed norms shall be recommended by the DGE&T and final orders conveying grant of affiliation shall be issued by the Secretary, NCVT after obtaining approval from the subcommittee of NCVT dealing with affiliation.

4.Even while the State Director seeks permanent affiliation by forwarding the inspection report to the Secretary, NCVT, New Delhi, a provision for grant of permission to the management to admit the candidates/ trainees is also made under the Training Manual and the same reads as follows:-

"The State Director may seek permanent affiliation by forwarding the inspection report (Annexure III) to the Secretary, NCVT, New Delhi. The State Director need not wait for any instruction in this matter from Secretary, NCVT. He may grant permission to the management of the Institute to admit trainees in the trades/units which have been recommended for permanent affiliation by the Standing Committee. It should however be made clear that in case permanent affiliation is not granted, final trade test and certification would be responsibility of the respective SCVT."

As we are concerned about the candidates of the additional unit for wireman trade course in the first respondent institute, the above instructions are relevant. The grant of affiliation, be it provisional or permanent, shall be governed by the Training Manual issued by the NCVT and such instructions are binding not only on the institutes and the candidates, who are admitted in those institutes, but also on the State Director and more particularly on the NCVT as well. In terms of sub-clause (iii), applications should be filed before the State Director on or before 31st December and no application will be entertained if it is filed after that date. By 30th July of every year, the State Director should identify and intimate the number and details of ITIs and ITCs to be considered for affiliation during the following academic year. On such identification, the recommendations of the Standing Committee should also be intimated to the DGE&T for ascertaining compliance of procedure. The DGE&T shall recommend to the Secretary, NCVT for obtaining the approval from the Subcommittee for affiliation. Though no prescribed time is mentioned for the Secretary to NCVT to consider and pass orders on the application for affiliation, in the wake of clause v(c) fixing a cut off date as 30th July of every year for the State Director to send the recommendation for affiliation for the following year, the Secretary to NCVT has to necessarily dispose of that application even before the commencement of the next academic year. This schedule is to be strictly followed. That apart, by the above instructions, even an unit which has been provisionally affiliated by the State Director may be permitted to admit candidates/trainees in the trades/units which have been recommended for permanent affiliation to the Secretary, NCVT, New Delhi. The power of the State Director to grant permission is with an absolute condition that in case permanent affiliation is not granted, final trade test and certification would be the responsibility of the respective SCVT, viz., State Council for Vocational Training. In other words, by virtue of the provisional affiliation granted by the State Director and the consequential permission to admit the trainees pending permanent affiliation, no right is conferred on the trainees who underwent the training pursuant to the permission granted by the State Director to seek for trade certificate from the NCVT, in the absence of affiliation.

8.The scheme of the training contemplates basically, conferring a power on the State Director to grant provisional affiliation, granting permission to such of those institutes who have been given provisional affiliation, to admit trainees and granting of permanent affiliation by the NCVT, on satisfying with the report of the Standing Committee. A clear demarcation is made as to the entitlement of the candidates for the trade certificates. Such of those candidates who were admitted pursuant to the provisional affiliation and the permission granted by the State Director, will be entitled to issuance of Trade Certificate from the State Council for Vocational Training and they are not entitled to seek for a National Trade Certificate from the NCVT. Only such of those candidates who were admitted on permanent affiliation by the NCVT are entitled to such a certificate from the NCVT and not otherwise. It is true that students of an unaffiliated institute cannot seek for either Course Completion Certificate or Degree/Diploma certificate, as the case may be, from the affiliating body (see C.B.S.E. v. P.Sunil Kumar, (1998) 3 Scale 525). The NCVT, being the affiliating body for issuance of National Trade Certificate, is obligated to issue such a certificate in the event that institute is affiliated to that body and more particularly, the trade/course of study, which was affiliated.