Karnataka High Court
Shree Jagajyothi Shree ... vs Smt. Swati Seti on 21 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9196-DB
CCC No. 100177 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
CIVIL CONTEMPT PETITION NO. 100177 OF 2023
BETWEEN:
1. SHREE JAGAJYOTHI SHREE BASAVESHWARA
EDUCATION SOCIETY, (R) KEERTHI INDUSTRIAL
TRAINING INSTITUTE, (ITI) REPRESENTED BY ITS
SECRETARY SHRI. JAYADHEVA S/O. BASAVARAJAPPA
KERUDI, AGE: 46, OCC: ADVOCATE,
R/O: HAUNSABHAVI, TQ: HIREKERURU,
DIST: HAVERI.
2. SHREE BANASHANKARI PVT INDUSTRIAL TRAINING
INSTITUTE, REPRESENTED BY ITS
PRESIDENT SHREE, VEERESH S. BANKAR,
AGE: 52 YEARS, R/O: VIDYA NAGAR,
NEAR AMBEDKAR SCHOOL,
RANNEBENNUR, DIST: HAVERI.
3. SHRI. S.M.V.E.S.(R) KARNATAKA PRIVATE
JAGADISH T R
INDUSTRIAL TRAINING INSTITUTE,
HIGH COURT RANEBENNUR-581115, DIST: MEDDELERI ROAD,
OF RANNEBENNUR, R/BY ITS PRINCIPAL
KARNATAKA
2023.08.22 SHRI. SANJEEV ANGADI,
14:04:13
+0530 R/O: BYDGI, DIST: HAVERI.
4. SHRI. S.J.A.V.S MUNDARAGI,
SHRI. JAGADGURU ANNADANESHWAR PRIVATE
INDUSTRIAL TRAINING INSTITUTE, BELLATTI,
REPRESENTED BY ITS PRINCIPAL,
SHRI. VEERESH S/O. BASAVARAJ RAHAT,
AGE: 33, OCC: PRESIDENT, R/KANCHOGERI,
TQ: SHERAHATTI, DT: GADAG.
5. SRI. SAI EDUCATIONAL AND MULTIPURPOSE
WELFARE TRUST (R) GADAG,
SRI. SAMARTH SAI PVT ITI INSTITUTION,
MUNDARAGI, DT: GADAG-582188,
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CCC No. 100177 of 2023
REPRESENTED BY ITS PRINCIPAL
DEVARAJA S/O. SUBHASH KALLVEER,
AGE: 43, R/O: MANJUNATH NAGAR, MANJUNATH
DEVASTAN NEAR, GADAG ROAD MUNDARGI.
6. SRI. ABHINAV SRI. GAVISIDDESHWAR KRUPA
SIDDALINGESHWAR ITI INSTITUTE,
REPRESENTED BY ITS SECRETARY
RENUKANANSADHSWAMI, AGE: 67,
OCC: SECRETARY, R/O: KOPPAL, DIST: KOPPALLA.
7. SHRI. NANDAGOKULA EDUCATION TRUST(R),
HOSPET SHANTINIKETAN (PVT) INDUSTRIAL
TRAINING INSTITUTE, DAM ROAD, HOSPETH,
R/O: ITS PRINCIPAL RAGHVENDHRA
S/O. YELLAVVA, AGE: 45, OCC: PRINCIPAL,
R/O: HOSPET, DIST: KOPPAL.
8. SRI. SHRE SHAI GRA. A.ASSOCIATION'S,
SRI. RENUKA (PVT) ITI SAUNDATTI,
REPRESENTED BY ITS SECRETARY,
RAMACHANDRASHANKAR BHATTI,
AGE: 50, R/O: JOSHI GALLI, SAVADATTI -591126.
...COMPLAINANTS
(BY SRI.UMESH C.AINAPUR, ADVOCATE)
AND:
1. M.S.TRISHALIJIT SETHI,
DIRECTORATE GENERAL OF TRAINING,
MINISTRY OF SKILL DEVELOPMENT AND
ENTREPRENEURSHIP, ROOM NO.102,
1ST FLOOR, EMPLOYMENT EXCHANGE BUILDING,
PUSA CAMPUS, PUSA AREA, NEW DELHI-110012.
2. DR. S.SELVAKUMAR,
THE STATE OF KARNATAKA, REPRESENTED BY
ITS SECRETARY, DEPARTMENT OF
SKILL DEVELOPMENT AND ENTREPRENEURSHIP
AND INDUSTRIAL TRAINING,
MULTI STORIED BUILDING,
DR. AMBEDKAR VEEDHI, BANGALORE-560001.
3. SMT. K.JOTI,
THE COMMISSIONER/DIRECTOR FOR
EMPLOYMENT AND TRAINING, DEPARTMENT OF
INDUSTRIAL AND TRAINING, EMPLOYMENT,
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NC: 2023:KHC-D:9196-DB
CCC No. 100177 of 2023
KAUSHALYA BHAVAN, DAILY CIRCLE,
BANGALORE-560029.
4. SHRI. RAMESH P.,
THE JOINT DIRECTOR OF
EMPLOYMENT AND TRAINING ,
NAVANAGAR, HUBLI-580009,
DIST: DHARWAD.
...ACCUSED
(BY SRI.M.B.KANAVI, ADVOCATE FOR R1;
SRI.PRAVEEN UPPAR, ADDL. GOVT. ADVOCATE FOR R2 TO R4)
THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND
12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF
CONSTITUTION OF INDIA, 1950, PLEASED TO EXERCISE ITS
JURISDICTION UNDER SECTION, 12 OF THE CONTEMPT OF COURTS
ACT AND TO, WHEREFORE THE COMPLAINANT NO.1 TO 8 PRAYS
BEFORE THIS HON'BLE COURT SO FOR AS COMPLAINANT NO.1 TO 8
ARE CONCERNED IN THIS CONTEMPT PROCEEDINGS AND THEY ARE
PRAY BEFORE THIS HON BLE COURT MAY KINDLY BE ISSUE NOTICE
TO ACCUSED NO.1,2,3 AND 4 AND THEY MAY BROUGHT BEFORE
THIS HON BLE COURT AND TRIED AND PUNISH FOR THE OFFENCES
COMMITTED BY ACCUSED NO.1 TO 8 FOR THE DISOBEDIENCE OF
THE ORDER DATED 19/04/2023 AND 21/04/2023 IN
W.P.NO.102421/2023 AS PER ANNEXURE-A AND B
PETITIONERS/ACCUSED FILED THIS CONTEMPT AGAINST ACCUSED
NO.1 TO 4 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CONTEMPT PETITION COMING ON FOR ORDERS, THIS
DAY, S.R.KRISHNA KUMAR J., PASSED THE FOLLOWING:
ORDER
In this contempt proceedings, the complainants have
sought for the following relief:
The complainants No.1 to 8 pray before this Hon'ble
Court so far as complainant No.1 to 8 are concerned in this
contempt proceedings and they are pray before this
Hon'ble Court may kindly be issued notice to accused
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CCC No. 100177 of 2023
Nos.1 to 4 and they may be brought before this Hon'ble
Court and tried and punished for the offences committed
by accused No.1 to 8 for the disobedience of the order
dated 19.04.2023 and 21.04.2023 in WP No.102421/2023
as per Annexure-A and B petitioners/accused filed this
contempt against accused Nos.1 to 5 in the interest of
justice and equity.
2. Learned counsel for accused No.1 has filed a memo
of compliance dated 21.08.2023 along with Official
Memorandum dated 18.08.2023, which reads as under:
DGT-HC047/4/2023-Olo DIR (TC) E-file: 61086
Government of India
Ministry of Skill Development & Entrepreneurship
Directorate General of Training
Employment Exchange Building
Pusa Campus, New Delhi-110012
Dated: 18th August 2023
OFFICE MEMORANDUM
Subject: Compliance of interim judgement dated 16.08.2023
passed in the matter of WP NO. 102488/2023 titled Chinchani
Allamprabhu Jan Kalyan Society's Allamprabhu PVT ITI and
ors Vs DGT) and other connected matters at the bench of
Dharwad-reg
Whereas, WP No. 102488/2023, WP NO. 101706/2022,
WP NO. 105863/2022, WP NO 102421/2023, WP NO.
102538/2023, WP NO. 103333/2023 had been filed in the
Hon'ble High Court of Karnataka, Bench at Dharwad by
following petitioners, for consideration of their claim for
permission to admit students in their institute for the Academic
year 2022-23 at the shifted place and to regularize the
admissions for appearing the examination. The details of the
writ petitions are given below-
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CCC No. 100177 of 2023
1. W.P. 105863/2022- Siddeshwar
educational Trust ITI
2. W.P. No. 102538/2022- Al-Meezan ITI
3. W.P. No. 101706/2022- Siddeshwar
Educational Trust and ors
4. WP. No. 102421/2023- Jadagjyothi
Basaveshwar Education Socity and ors
5. W.P. No. 102488/2023- Chinchani
Allamprabhu ITI and ors
6. W.P. No. 103333/2023- Sri Shree Pandit
Panchaxari, Shree Vaishnavi Pvt ITI
2. Whereas, the Hon'ble court vide the interim order dated
16.08.2023 in WP NO. 102488/2023 and other connected
matters, pleased to pass the order in these matters to permit
the students of petitioners-institutions of session 2022-23 to
take ensuing examinations, which would be subject to the
result of the writ petitions. Moreover, the Hon'ble court has
also given the direction to the petitioner to move an application
for affiliation and the respondent authority will keep the portal
open for 04 weeks. If such applications are submitted online,
the concerned authority shall examine the applications as
provided under the Rules and Regulations.
3. So, in compliance to above interim judgment date
16.08.2023, the competent authority has decided that the
aforesaid litigant ITIs are allowed to admit the students in the
portal for academic Session-2022-23 and to take the ensuing
examinations. It is pertinent to mention that these admissions
are provisional and subject to final outcome of the writ
petitions so the Petitioners- institutions shall take an
undertaking from the students that they will not claim any
equity since their admission are subject to result of the writ
petitions.
4. That the State Directorate is further requested to take an
undertaking from the petitioners before allowing for admissions
on portal stating that- "The petitioner institutions have the full
infrastructure available to run the course and in case of
inspection of the standing committee, if there are shortage of
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CCC No. 100177 of 2023
infrastructure, the ITI should hold the responsibility and
accountability for misleading the court".
5. The petitioners are requested to approach the state
directorate along with the necessary data and documents of
the admitted trainees within 15 days from the issue of this OM
in order to regularize the admission on the portal. The State
Directorate has to consolidate the list of trainees and forward it
to DGT in the standard template, both in signed PDF and Excel
format, within 7 days thereafter.
6. After receiving valid trainee data, DGT will initiate the
process of uploading trainees on the NCVT-MIS portal. On
successful upload of data, the trainee verification and approval
link on the NCVT-MIS portal would be enabled and intimated to
state directorates and petitioner ITIs. After the generation of a
permanent registration number, trainees shall be allowed to
take the examination by following the exam guidelines in the
next batch of supplementary or leftover examinations. The
date of the supplementary exams is notified separately on the
portal and is expected to be conducted in the month of
September or October 2023.
7. That the NIMI affiliation portal is opened from 18.08.2023
to 17.09.2023, to invite applications for the litigants ITIs. The
petitioners have the opportunity to move an application to
regularise the affiliation. The notification is issued separately
on 17.08.2023 and is communicated to the petitioners on the
registered email id and is also available on NCVT portal.
This OM shall not be treated as precedent in other matters.
This issues with the approval of competent authority and in
compliance to interim judgment dated 16.08.2023 passed by
the Hon'ble court.
Yours faithfully,
Sd/-
(Raju Kannam)
Deputy Director, TC Section
3. The aforesaid memo clearly indicates that grievance
of the complaints has been addressed by accused No.1. Under
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CCC No. 100177 of 2023
these circumstances, nothing further survives for consideration
in the contempt proceedings and same are dropped reserving
liberty in favour of the complainants to seek revival of the
contempt proceedings, if the occasion so arises.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
