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Showing contexts for: ncvt in R.M.Somasundaram vs The Director General Of Employment on 7 August, 2009Matching Fragments
(iv) According to the petitioner, irreparable loss and mental agony has been caused to the students concerned, since long after they have completed their courses in the Trades of their choice and after having passed the examinations, they have not been given the National Trade Certificates. Therefore, the petitioner filed the writ petition.
5. The brief case of the first respondent is as follows:
(i) According to the first respondent as per the records available, the petitioner institute got affiliation to National Council for Vocational Training (NCVT) for the Trade as for Electrician 4 units from August 1996, the sub-committee of NCVT, dealing with this affiliation did not recommend for affiliation of the 2 units in its meeting held on 17.02.1995 due to different location. The trainees took admission in unaffiliated Trades of Electrician for the academic session 1993-95 and Mechanic (Refrigeration and Air-conditioning) in the petitioner institute for the academic year 1995-1997. Therefore, they are eligible to receive State Council for Vocational Training (SCVT) Certificate but not eligible for NCVT Certificate.
(ii) According to the first respondent, the State Director can grant permission to the management of the institute to admit trainees in the Trades which have been recommended for affiliation by the standing committee with a clear-cut understanding that in case the affiliation to Trades sought are not granted, then such trainees admitted would be trade-tested by State Council for Vocational Training (SCVT) at State level.
(iii) In the instant case, Director, Employment and Training, Tamil Nadu, Chennai forwarded Standing Committee Inspection Report dated 24.12.1993 for grant of affiliation to one unit of Trade Electrician and Departmental Inspector Report dated 09.06.1994 for grant of affiliation to one additional unit of Trade Electrician in respect of the petitioner institute. The said reports were put up before the sub-committee of National Council for Vocational Training dealing with affiliation in its meeting held on 17.02.1995. The sub committee of NCVT did not grant affiliation of both the units of Trade Electrician, as this trade was at a different site address and the same was conveyed to the State Director as well as to the institute on 15.03.1995. Subsequently, the Director, Employment and Training, Tamil Nadu, forwarded Standing Committee Inspection Report dated 09.01.1996 for affiliation to 4 units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) in respect of the petitioner institute. The said reports were put up before the sub-committee of National Council for Vocational Training on 18.07.1996 and the sub-committee dealing with affiliation granted affiliation of 4 units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) with effect from and the same was conveyed to the state Director as well as to the institute on 07.08.1996. Based on the clarification given by the State Director, separate infrastructural facilities like land, building, tools and equipment, staff etc. are available in the petitioner institute and the reports dated 24.12.1993 and 9.6.1994 forwarded by the Director of Employment and Training, Tamil Nadu have been re-scrutinized and will be put up to the sub-committee of NCVT dealing with the affiliation for grant of affiliation of 2 units of Trade Electrician with effect from August 1994 for their consideration and approval in its ensuing meeting.
11. The first respondent has granted permanent affiliation for Electrician with effect from August 1996. The petitioner has admitted 12 trainees in August 1993 session and 21 trainees in August 1994 and 37 trainees in August 1995 session. For Mechanic (Refrigeration and Air-conditioning) Trade, the first respondent has granted permanent affiliation only with effect form August 1996 session and it is not as per the norms of NCVT. The appellant institute was inspected by the standing committee on 24.12.1993 and recommended the Electrician Trade-1 unit. Subsequently, 2nd unit of Electrician Trade was inspected by the Departmental officer on 8.9.1994 and recommended for grant of affiliation. The first respondent by letter dated 14.3.1995 rejected the affiliation for the reason that the Electrician Trade is at a different site and address. Based on the report of the first respondent, the standing committee inspection was conducted at new location on 21.9.1995 and subsequently, standing committee inspected on 9.1.1996 and four units for Electrician Trade and four units for Mechanic (Refrigeration and Air-conditioning) were recommended for affiliation from 1993-1994, 1995-1996 respectively. By the letter of the first respondent dated 10.7.1997, it has been informed that "it was also decided that affiliation of Trades may be preponed to the date of pre-inspection carried out by representatives of the state Directorates and without pre-inspection reports, the affiliation cases could not be considered." It is also stated that the students in respect of Electrician Trade are eligible to get the SCVT certificates. It could also be seen that in the instant case, the second respondent forwarded the standing committee inspection report dated 24.12.1993 for grant of affiliation to one unit of Trade Electrician and Departmental Inspection Report dated 09.06.1994 for grant of affiliation to one additional unit of Trade Electrician in respect of the petitioner institute. The sub-Committee of NCVT dealing with affiliation did not grant affiliation of both the units of Trade Electrician, as this trade was at a different site address and the same was conveyed to the state Director as well as to the institute by letter dated 15.03.1995. Subsequently, the second respondent forwarded standing committee Inspection report dated 9.1.1996 for affiliation to four units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) in respect of the appellant institute. Based on the clarification given by the state Director, subsequently, separate infrasctructural facilitates like land, building, tools and equipment, staff etc. were made available in the appellant institute and the reports dated 24.12.1993 and 9.6.1994 have been re-scrutinzed and according to the first respondent, the same would be put up to Sub-committee of NCVT dealing with affiliation for grant of affiliation of 2 units of Trade Electrician with effect from August 1994. But, according to the learned senior counsel appearing for the appellant, the appellant did not receive the said letter sofar. Though the trainees were admitted in unaffiliated Trades, they are entitled to certificate under SCVT at the State level. Based on the reports of the standing committee, the second respondent permitted the students to take the examinations. All the 89 students of both the Electrician Trade and Mechanical Refrigeration and Air-conditioning Trade had passed the examination in the respective years. The results of the students were also declared by the second respondent and the provisional passed certificates have also been issued by the second respondent. However, the National Trade Certificates, which are to be issued by the Directorate General of Employment and Training, Delhi have not been issued so far. The students are put to irreparable loss and mental agony. Though they have completed their courses in the Trades of their choice and after having passed the examinations, they have not been given the National Trade Certificates so far.
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 the responsibility of respective SCVT. The above clause makes it clear that even without waiting for orders of affiliation, the State Director can permit the courses to be commenced.