Delhi High Court
Wamarao Bhure Industrial ... vs Ministry Of Labour And Employment ... on 21 August, 2012
Author: G. S. Sistani
56
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4023/2012
% Judgment dated 21.08.2012
WAMARAO BHURE INDUSTRIAL TRAINING
CENTRE THROUGH PRINCIPAL ..... Petitioner
Through: Mr.Ramesh Bhatia and Ms.Jayshree
Satpute, Advocates
versus
MINISTRY OF LABOUR AND EMPLOYMENT
THROUGH DIRECTOR GENERAL ..... Respondent
Through: Mr.Amritpal Singh, Ms.Gurjinder Kaur and
Mr.Rupinder Pal Singh, Advocates
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
G.S.SISTANI, J (ORAL)
1. Rule. With the consent of counsel for the parties, the present petition is
set down for final hearing and disposal.
2. According to the petition, the petitioner, institute is running since the year
1992. It is one of the most reputed institutes in the region. It has
produced thousands of skilled workers and currently there are five trades
and 15 units including Electrician, Filter, Welder, Diesel Mechanics and
Hair & Skin Care. Petitioner has also received a certificate from the
international standard organization in the year 2011. Based on the
comprehensive instructions guidelines for affiliation dated 20.04.2010 the
petitioner institute filed an application to open a new trade of Fitter and
Diesel Mechanic before the Government of Maharashtra Higher and
Technical Education Department. On 11.05.2010 the Government of
Maharashtra Higher and Technical Education Department granted
approval of the said application to the petitioner institute.
3. On 16.12.2010 a three member Committee inspected the petitioner/
institute, as per norms and prepared a recommendation report.
Subsequent to the said inspection affiliation was granted to the petitioner /
institute for the session August, 2011 as requested by the petitioner.
Subsequently, the petitioner filed another application for affiliation for the
trade of Electricians and the approval was granted to the petitioner by the
Government of Maharashtra Higher and Technical Education Department
on 25.03.2011. As per the petition the primary inspection was carried out
on 30.04.2011. While the respondent granted affiliation to the petitioner
for the trade of Fitters and diesel mechanic in the petitioner/institute for
August, 2011 session, the respondent declined the affiliation for the trade
of Electricians for the August, 2011 session on the ground that two
inspections in one session are not permitted. It is this order of rejection
dated 18.08.2011 which was reiterated again by an order dated
28.05.2012, which are subject to challenge in this writ petition.
4. Both the parties rely on the comprehensive instructions guidelines dated
20.04.2012 for affiliation of trades/ units of ITIs/ITCs with NCTV-
Comprehensive instructions guidelines for the affiliation procedure.
Reliance is placed on paragraphs/ clauses 3, 4 and 9 thereof. Since these
three clauses have been relied upon by both the parties, the same are
reproduced below:
"3 Effective date of affiliation
As per new affiliation procedure decided by the NCVT on
23rd November, 2008, the effective date of affiliation is the
date on which the affiliation is granted by the Sub Committee
of the NCVT for affiliation, which is mentioned below:
a) Affiliation granted between 1st January to 30th June
will be effective from the session beginning August of
the same year.
b) Affiliation granted between 1st July to 31st December
will be effective from the session beginning February
of next year.
4 Only one Inspection in a Session:
It was unanimously decided in the Sub-Committee of
NCVT for affiliation meeting that only one inspection for
August Session and another for February session of every
year is allowed for the respective session, thus in a year only
two inspections are allowed to be conducted by the Standing
Committee inspection team. When any Standing Committee
is visiting any institute for inspection, it should include trades
which otherwise could be done by DIR.
9 Each page of the report should be signed by each Officer/
Official with date and stamp
Each page of the reports (SCIR/DIR/SIR) must be
properly signed with date, name, designation and stamp of
the Inspecting officers/ officials at the time of inspection
itself and one copy of the report should be handed over to the
head of the institute on the same day. Copy handed over to
the institute shall not be a claim of affiliation granted. It may
be made clear that affiliation is granted only by the Sub-
Committee of affiliation as constituted by the NCVT."
5. It has been strongly urged by counsel for the petitioner that with respect to
the first application which was filed for affiliation, the inspection was
carried out on 16.12.2010, and as per the guideline no.3, the affiliation
was to be granted between 01st January and 30th June for the session
beginning in August. Although the inspection was carried out on
16.12.2010 and the session was to begin in February of the next year i.e.
2011, but since no admissions are granted in February, the petitioners
applied for August, 2011 session. It is submitted that the inspection
which was conducted on 16.12.2010 was thus for one session and the
second inspection on 30.04.2011 or 10.06.2011 was for another session
and thus the petitioner was not hit by guideline no.4 as only one
inspection can be carried out each session.
6. Counsel for the respondent has opposed the petition and has placed strong
reliance on the guideline no.4. Mr.Amritpal Singh, counsel for
respondent submits that it is the petitioner / institute which has applied for
affiliation for August, 2011 session for which inspection was conducted
on 16.12.2010 and places reliance on the application which was filled by
the petitioner themselves. Relevant portion of the Application which is
annexed as Anneuxre R-1 reads as under:
"5) Date of present Inspection : 16/12/2010
"7. Year-wise Trades and Units Which affiliation is sought
Sr. Trades/ Units for which affiliation sought Year of their Remarks
No. Trade Units Total first
Ist IInd IIIrd Units admission
Shift Shift Shift
1 Diesel -- 01 -- 01 Aug, 2011
Mechanic
1 Fitter -- 01 -- 01 Aug, 2011
7. In support of his plea that according to the petitioner the petitioner sought
admission for the Session August, 2011, it is submitted that the second
inspection was conducted on 30.04.2011 at the request of the petitioner/
institute again for the August, 2011 session which is also apparent from a
copy of the application form filed (at page 97 of the paper book as
Annexure R-2). It is thus submitted by counsel for the respondent that
there is no infirmity in the orders dated 28.05.2012 and 18.08.2011.
8. Counsel for the petitioner submits that there is only one effective session
which is in the month of August and the so called session in the month of
February is of no use, as no result is declared by that point of time.
9. I have heard counsel for the parties and carefully perused the pleadings
and the guidelines. As per guideline no.3 any affiliation which is granted
between 01st January and 30th June will be effective for the session
beginning of August of the same year and the affiliation granted between
01st July and 31st December will be effective for the session beginning of
February of the next year. The guideline no.4 makes it abundantly clear
that affiliation meeting for only one inspection for the August session and
another inspection for the February session of each year is allowed for the
respective sessions. Thus in one year only two inspections are allowed to
be conducted by the Standing Committee Inspection Team. Although in
this case the first inspection was conducted on 16.12.2010, but the
petitioner sought admission for August, 2011 and in the second inspection
which was conducted either on 30.04.2011 or 10.06.2011, the petitioner
again sought admission for August, 2011. The relevant portion of the
form filled by the petitioner reads as under:
"5) Date of present Inspection : 10/6/2011
7. Year-wise Trades and Units Which affiliation is sought
Sr. Trades/ Units for which affiliation sought Year of their Remarks
No. Trade Units Total first
Ist IInd IIIrd Units admission
Shift Shift Shift
1 ELECTRI- 01 01 -- 02 Aug, 2011
CIAN
10. Having regard to the fact that petitioner had applied for the August, 2011
session, the respondents were well within their rights to reject the
application based on guideline no.4, which it may be noticed is not the
subject matter of challenge before this court. There is also no explanation
as to why the petitioner did not apply on time and waited for full one year
to pursue the application which already stood rejected.
11. The submission made by counsel for the petitioner relying on guideline
no.9 that each page of the inspection report should have been signed on
the same date does not require any consideration in view of the fact that
whether the inspection was carried out on 30.04.2011 or 10.06.2011 is
meaningless as the same was for the session August, 2011. I find no
infirmity or illegality in the orders passed on 28.05.2012 and 18.08.2011
by the respondent. There is no merit in the petition and the same is
accordingly, dismissed. No cost.
CM.No.8439-40/2012
12. In view of order passed in the petition [W.P. (C) 4023/2012] present
applications stand dismissed.
G.S.SISTANI, J
AUGUST 21, 2012
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