Delhi High Court
Shekhawati Private Iti vs Directorate General Of ... on 24 September, 2015
Author: Rajiv Shakdher
$~25 to 29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8849/2015
MATA SANTOSH DEVI PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr. Ratish
Kumar, Advocates
versus
DIRECTORATE GENERAL OF EMPLOYMENT
AND TRAINING AND ORS. ..... Respondents
Through: Mr. Nawal Kishore Jha, Advocate for
R-1 with Mr. Ashok Tyagi, Assistant Director
Mr. Vikas Chopra, Advocate for R-2
Mr. Shiv Mangal Sharma, Mr. Ankit Shah and Mr.
Puneet Parihar, Advocates for R-3
+ W.P.(C) 8908/2015
SHEKHAWATI PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr. Ratish
Kumar, Advocates
versus
DIRECTORATE GENERAL OF EMPLOYMENT
& TRAINING & ORS. ..... Respondents
Through: Mr. J.P. Sharma, Advocate for R-1 with
Mr. Ashok Tyagi, Assistant Director
Mr. Vikas Chopra, Advocate for R-2
Mr. Shiv Mangal Sharma, Mr. Ankit Shah and Mr.
Puneet Parihar, Advocates for R-3
+ W.P.(C) 8981/2015
VIJAY PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr. Ratish
Kumar, Advocates
WP(C) 8849/2015 & connected matters Page 1 of 6
versus
DIRECTORATE GENERAL OF EMLOYMENT
& TRAINING (NABET) & ORS ..... Respondents
Through: Mr. C.M. Goyal, Advocate for R-1 with
Mr. Ashok Tyagi, Assistant Director
Mr. Vikas Chopra, Advocate for R-2
Mr. Shiv Mangal Sharma, Mr. Ankit Shah and Mr.
Puneet Parihar, Advocates for R-3
+ W.P.(C) 8885/2015
NEW GYAN JYOTI PRIVATE ITI & ANR. ..... Petitioners
Through: Mr. Sanjay Sharawat and Mr. Ratish
Kumar, Advocates
versus
DIRECTORATE GENERAL OF EMPLOYMENT
& TRAINING (DGE&T) & ORS. ..... Respondents
Through: Mr. Nawal Kishore Jha, Advocate for
R-1 with Mr. Ashok Tyagi, Assistant Director
Mr. Vikas Chopra, Advocate for R-2
Mr. Shiv Mangal Sharma, Mr. Ankit Shah and Mr.
Puneet Parihar, Advocates for R-3
+ W.P.(C) 8851/2015
HARSH PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr. Ratish
Kumar, Advocates
versus
DIRECTORATE GENERAL OF EMPLOYMENT
& TRAINING & ORS. ..... Respondents
Through: Mr. Nawal Kishore Jha, Advocate for
R-1 with Mr. Ashok Tyagi, Assistant Director
WP(C) 8849/2015 & connected matters Page 2 of 6
Mr. Vikas Chopra, Advocate for R-2
Mr. Shiv Mangal Sharma, Mr. Ankit Shah and Mr.
Puneet Parihar, Advocates for R-3
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 24.09.2015
1. In the order dated 18.09.2015, I had summed up the main grievance of
the petitioners herein. For the sake of convenience, the relevant part of
the order passed on 18.09.2015 is extracted hereafter :-
"..1. The relief sought by the petitioners is for issuance of a
direction qua respondent no. 1 & 2 to grant accreditation/ affiliation
qua all the units referred to in their respective applications made in
respect of the academic session 2015-2016. The tabular chart
referred to hereafter will give the details qua each of the petitioners
arrayed as parties in the captioned writ petitions:
S. Writ Petition Name of Date of Units
of Date of Units
N Institution Application applied Inspection granted
o. for
1 WP(C) New Gyan Jyoti 30.05.2014 6 (2+2+2) 12.6.2015 2 (1+1)
8885/2015 Pvt. ITI
Shri Brij Krishna 23.11.2014 6 (2+2+2) 17.07.2015 2 (1+1)
Pvt. ITI
2 WP(C) Shekhawati Pvt. 19.12.2014 6 (2+2+2) 17.02.2015 2 (1+1)
8908/2015 ITI
3 WP(C) Vijay Pvt ITI 12.04.2014 6 (2+2+2) 13.12.2014 2 (1+1)
8981/2015 old ITI
4 WP(C) Mata Santosh 30.11.2013 8 (2+2+4) 29.01.2015 2 (1+1)
8849/2015 Devi ITI
Old ITI
5 WP(C) Harsh Pvt. ITI 29.05.2014 12 (4+4+4) 03.09.2014 2 (1+1)
8851/2015
2. It is averred by the petitioners that on 21.07.2015 there was a
reversal in policy, based on the input of respondent no.3 i.e. State of
Rajasthan, whereby the accreditation/ affiliation in respect of
"electrician trade" was restricted to two (2) units. As would be seen,
on a bare perusal of the tabular chart, set out above, each of the
petitioners had applied for accreditation/ affiliation for much a
larger number of units. They were instead granted accreditation/
affiliation for only two (2) units. I am informed each unit enables
creation of 21 seats. Thus reduction in the number of units in
"electrician trade" has caused the grievance, which has propelled
the petitioners to approach this court.
2.1 According to the learned counsel for the petitioners this policy
on restricting accreditation/ affiliation to two (2) units in the
"electrician trade" was reversed by respondent no.3 i.e. State of
Rajasthan, on 31.08.2015 with respect to applications made prior to
20.01.2015. The reversal of the policy, as per the petitioners, meant
that, if otherwise found suitable, the petitioners were entitled to as
many units as they had made applications for.
3. It is averred by the petitioners that similarly circumstanced
entities, which had approached this court, were considered by the
respondents for grant of accreditation/ affiliation. On this count,
reference has been made to an order dated 02.09.2015, passed in a
batch of writ petitions, the lead petition being: WP(C) No.
4363/2015, titled: Shyam Private Industrial Training Institute vs
Directorate General of Employment & Training (DGE&T) & Anr.
This order is appended at pages 45 to 48 of the paper book.
4. Learned counsel for the petitioners also informs me that
respondent no.1 has extended the time for admission of students for
academic year 2015-2016, at least, on three occasions. Learned
counsel for the petitioner states that, in the first instance, the last
date for admitting students was fixed as 31.07.2015, which was
thereafter postponed to 10.08.2015 and 31.08.2015 and finally to
17.09.2015.
5. Issue notice.
6. Counsels, referred to above, accept notice on behalf of
respondent no.1 and 2. In so far as respondent no.3 is concerned,
learned counsel for the petitioners says that he will effect service by
way of dasti.
7. Learned Counsels for the respondents appearing today, seek
a short accommodation to obtain instructions in the matter.
8. List on 22.09.2015..."
1.1. As is evident from the extract set out hereinabove, the matter
was thereafter taken up on 22.09.2015. On that date, the counsel for
respondent no.3 / State of Rajasthan was directed to take instructions
as to whether the said respondent would conduct admissions if, dates
for admission were extended by respondent no.1.
2. The learned counsel for respondent no.1 has obtained
instructions. The learned counsel says that consistent with its actions
in the past, which are reflected in the communication dated
09.09.2015 qua other similarly placed entities, in these cases as well,
respondent no.1 will grant affiliation to the petitioners herein as
inspections have already been conducted.
2.1 The learned counsel for respondent no.1 says that not only in
this case but in all those cases in which applications have been filed
prior to 20.01.2015, they would be entitled to seek affiliation from
respondent no.1.
2.2 The learned counsel for respondent no.1 says that affiliation
will be granted to the petitioners by 10.10.2015, and that dates of
admission will be extended till 20.10.2015.
2.3 Accordingly, public notice will be taken out in respect of the
same, so that all similarly circumstanced entities can be given the
benefit of the concession granted today by respondent no.1. It will be
made clear that no entity which approaches beyond the dates given in
the public notice will be entertained by respondent no.1 for grant of
affiliation. The notice will accordingly be published in print media
and uploaded on the official website with due expedition though not
later than 29.09.2015.
2.4 In case extra classes are required to be held to cover up the time
lost, suitable steps will be taken by the respondents by interfacing
with each other. Directions in this regard will be communicated to
the petitioners on or before 20.10.2015.
3. With the aforesaid directions in place, the writ petitions are
disposed of.
4. Dasti under the signature of the Court Master.
RAJIV SHAKDHER, J
SEPTEMBER 24, 2015
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