Delhi High Court
Asian Private Iti vs Directorate General Of Training on 31 May, 2024
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7977/2024
ASIAN PRIVATE ITI ..... Petitioner
Through: Mr. Sanjay Sharawat and Mr.
Ashok Kumar, Advs.
versus
DIRECTORATE GENERAL OF TRAINING ..... Respondent
Through: Ms. Arunima Dwivedi, CGSC
with Ms. Pinky Pawar and Mr. Aakash
Pathak, GP for UOI
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
% 31.05.2024
W.P.(C) 7977/2024
1. Learned Counsel for both sides are agreeable to the disposal of
this writ petition in the following terms:
(i) The impugned email communication dated 22 May 2024
purportedly issued in compliance with the judgment dated 4
January 2024 passed by this Bench, has placed reliance on a
letter dated 9 May 2024 issued by the Directorate of Training,
State of UP. It is stated in the impugned order that, as the
State Directorate has not granted the NOC for additional units
in the Electrician trade, for which the petitioner seeks
Digitally Signed Digitally Signed
By:AJIT KUMAR WP(C) 7977/2024 Page 1 of 3 By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:05.06.2024
Date:05.06.2024 17:53 17:51
(ii) Mr. Sharawat submits that this ground was not taken
earlier and that the petitioner had not been granted an
opportunity of personal hearing despite this Court, in its order
dated 4 January 2024, having specifically directed that the de
novo decision had to be taken in accordance with the
principles of natural justice. He submits, nonetheless, that he
is agreeable to answering the above objection as contained in
the impugned order dated 22 May 2024 by filing a reply in that
regard within a time fixed by this Court and for a fresh de novo
decision being taken within a further period fixed by this
Court, after the petitioner is granted a hearing. Ms. Dwivedi is
also agreeable to this course of action.
(ii) Accordingly, the impugned email dated 22 May 2024
shall be treated as a show cause notice setting out the ground
on which, according to the DGT, the petitioner's prayer for
affiliation cannot be granted. It is made clear that no
additional grounds, which are not contained in the impugned
email dated 22 May 2024, shall be urged by the DGT for
rejecting the petitioner's request.
(iii) Let a response to the email be submitted by the
petitioners to the DGT within two weeks from today.
(iv) An opportunity of personal hearing shall be granted by
the DGT to the petitioner within one week of receipt of the
Digitally Signed Digitally Signed
By:AJIT KUMAR WP(C) 7977/2024 Page 2 of 3 By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:05.06.2024
Date:05.06.2024 17:53 17:51
reply on a date to be communicated to the petitioner at the
email ID to be provided in its response.
(v) Consequent on grant of hearing, let the de novo decision
would be taken within two weeks and communicated to the
petitioner forthwith. Should the petitioner continue to remain
aggrieved, the right of the petitioner to seek remedy in
accordance with law shall remain reserved.
2. This writ petition is disposed in the aforesaid terms.
C.HARI SHANKAR, J
MAY 31, 2024
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Digitally Signed Digitally Signed
By:AJIT KUMAR WP(C) 7977/2024 Page 3 of 3 By:CHANDRASHEKHAR
AN HARI SHANKAR
Signing Signing Date:05.06.2024
Date:05.06.2024 17:53 17:51
