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9. The National Council for Vocational Training alone used to issue certificate, after the end of each academic year, as per the result declared. For the year 1996-98 also, students were admitted, as guided by the State Council for Vocational Training, allowed/ permitted to write exams, and the results were also declared. Unfortunately, for the complainants, certificates were not issued, resulting filing a Writ Petition, not only by the students, but also by the institution. The National Council for Vocational Training at Delhi, as well as State Council for Vocational Training, Chennai, including Joint Director of Employment and Training, having given permission to admit 40 students in the Electrician Trade, finally refused to issue the certificate, for which the opposite parties cannot be held responsible. For the mistake committed by the National Council for Vocational Training (NCVT), in not issuing the certificate, the complainants are not entitled to claim either the amounts said to have been paid by them or compensation for the alleged loss of earning. The other averments are also denied, praying for the dismissal of the complaints.

16. On the other hand if it is proved, that the opposite parties have admitted the students, including the complainants, as per the recognition, not exceeding the permitted strength then we should conclude, they have not committed any negligence or deficiency in service. Admittedly, the trade certificate should be issued only by NCVT. For the reasons, best known to NCVT, interpreting the Government Orders, and guidelines erroneously, if they have committed any mistake, in refusing to issue certificate, we cannot hold the opposite parties responsible, that too when the opposite parties have taken all possible steps, to obtain certificate from NCVT, by providing necessary particulars also.

In that case, the deficiency must be on the part of the NCVT, and for that deficiency it may not be fair and legal on our part to award compensation, or award loss of income, against opposite parties, including refund of amount also, since admittedly they have conducted classes, and sent the students for examination etc. In this context, we have to see the admission procedure, and the affiliation given by the concerned authorities.

17. Number of documents, have been filed including the communications, passed between the opposite parties and NCVT, as well as the Regional Director of Employment and Training, Madurai Region, for our perusal. In view of the decision rendered by the Honble Division Bench, in this case on 30.4.2009 in Writ Appeal, which was not available to the District Forum, at the time of passing the order, and the District For a appears to have committed some error, which cannot be faulted. The Writ Petition filed by the opposite parties was dismissed, and challenged in W.A.No.1320, 1321/2007. Honble High Court, considering the notifications, and the explanations etc., has taken a decision, and therefore it is not necessary for us to discuss the same case again, which we have to follow as binding. Hence it is not incumbent on our part to discuss those documents, in detail, in order to ascertain, what was the intake permitted by the NCVT, i.e., admission of students for the academic year 1996-98, etc.. and the decision should be followed as such.

Unfortunately, for the reasons best known to the NCVT, they have refused to issue certificate, being the competent authority, despite, explanation were given by the opposite parties. If at all for this act, NCVT can be blamed, which is not a party before us, and the opposite parties cannot be blamed, as if they have committed deficiency in service, though the career of the students, was affected to some extent. By the alleged deficient act of the opposite party, or by the negligent act of the opposite parties, in our considered opinion, the career of the complainant(s), has not been affected, and therefore it may not be just and proper, for us to direct the opposite parties, to refund the amount, or pay compensation, either for mental agony or for loss of income.