Karnataka High Court
M/S Unique Private Industrial ... vs Director General Of Training on 23 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD 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. 100336 OF 2022
C/W
WRIT APPEAL NO. 100001 OF 2023
IN CCC NO. 100336 OF 2022:
BETWEEN:
M/S. SAI. PVT. INDUSTERIAL TRAINING CENTER,
SAVALAGI, TQ: JAMKHANDI,
DIST. BAGALKOT,
REPRESENTED BY ITS SECRETARY,
SRI. VENKATESH S/O. SATYAPPA RAGHANNAVAR,
AGE: 40 YEARS, R/O: MUDHOL, DIST: BAGALKOT.
...COMPLAINANT
(BY SRI.V.M.SHEELVANT, ADVOCATE)
AND:
1. M/S. TRISHALJIT SETHI,
JAGADISH T R
DIRECTOR GENERAL OF TRAINING
HIGH COURT MINISTRY OF SKILL DEVELOPMENT AND
OF ENTREPRENEURSHIP DEPARTMENT,
KARNATAKA
2023.08.24 EMPLOYEMENT EXCHANGE BUILDING,
15:58:09 +0530
PUSA ROOM NO.105, 1ST FLOOR,
NEW DELHI-110012.
2. SMT. K.JYOTHI,
THE COMMISSIONER,
DEPARTMENT OF EMPLOYEMENT AND TRAINING,
KOUSALYA BHAVAN DAIRY CIRCLE,
BANNERGHATTA RASTE,
BENGALURU-01.
...ACCUSED
(BY SRI.SHIVARAJ S.BALLOLI, ADVOCATE FOR A1;
SRI. G.K.HIREGOUDAR, GOVT. ADVOCATE FOR A2)
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CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
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, EXERCISE ITS JURISDICTION UNDER SECTION 12 OF
THE CONTEMPT OF COURTS ACT AND TO, PLEASED TO SECURE THE
PRESENCE OF THE ACCUSED AND PUNISH HIM FOR HAVING
COMMITTED CONTEMPT OF THE ORDER DT.10/8/2021 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.111829/2019 (EDN-RES)
PRODUCED AT ANNEXURE-B TO THE CONTEMPT PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
WA NO. 100001 OF 2023:
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDL CHIEF SECRETARY-2,
MINISTRY OF SKILL DEVELOPMENT,
VIDHAN SOUDHA, BENGALURU-01.
2. THE COMMISSIONER,
DEPARTMENT OF EMPLOYMENT AND TRAINING
KOUSALYA BHAVAN DAIRY CIRCLE BANNERGHATTA
BENGALURU-01.
3. THE JOINT DIRECTOR (TRAINING) AND EX-OFFICIO
JOINT APPRENTICESHIP ADVISER,
BELGAUM DIVISION, KUVEMPU ROAD, NAVANAGAR
HUBBLLI, DIST: DHARWAD-580025.
...APPLLANTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
AND:
1. M/S. SAI PVT., INDUSTRIAL TRAINING
CENTRE, SAVALAGI, TQ: JAMKHANDI,
DIST: BAGALKOT, REPRESENTED
BY ITS SECRETARY SRI.VENKATESH
S/O. SATYAPPA RAGHANNAVAR,
AGE: 43 YEARS, R/O: MUDHOL,
DIST:BAGALKOT-587313.
2. THE DIRECOTR GENERAL OF TRAINING,
MINISTRY OF SKILL DEVELOPMENT, AND
ENTREPRENEURSHIP DEPT., EMPLOYMENT
EXCHANGE BILDING, PUSA ROOM NO.105,
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CCC No. 100336 of 2022
C/W WA No. 100001 of 2023
1ST FLOOR, NEW DELHI-110012.
...RESPONDENTS
(BY SRI.V.M.SHEELVANT, ADVOCATE FOR R1;
SRI.SHIVARAJ S.BALLOLI, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) CALL FOR
THE RECORDS, B) QUASH THE JUDGMENT AND ORDER DATED
10.08.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.111829/2019(EDN-RES) BY ALLOWING THIS APPEAL.
THIS WRIT APPEAL & CONTEMPT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, S.R.KRISHNA KUMAR J.,
DELIVERED THE FOLLOWING:
JUDGMENT
This intra-Court appeal (WA No.100001/2023) by the
State of Karnataka is directed against the impugned common
order dated 10.08.2021 passed in WP No.111829/2019 and
connected matters filed by respondent No.1/writ petitioner,
whereby the learned Single Judge allowed the petitions and
issued directions to the appellants/State and respondent No.2
herein.
2. Heard the learned Government Advocate for the
appellants/State; learned counsel for respondent
No.1/petitioner and learned counsel for respondent No.2 and
perused the material on record.
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C/W WA No. 100001 of 2023
3. The material on record discloses that it was the
claim of respondent No.1/writ petitioner that he made an
application for affiliation to run ITI course to the
appellants/State as well as to the respondent No.2/National
Council for Vocational Training(NCVT). It was contended that
despite appointing/constituting a Three Member Expert
Committee as required under DGET Manual, request for
affiliation was not considered by the appellants/State or
respondent No.2/NCVT and as such, respondent No.1/writ
petitioner approached this Court by way of aforesaid writ
petition. It was also contended before the learned Single Judge
that appellant No.3/Joint Director had erroneously rejected the
claim of respondent No.1/writ petitioner though he was
enjoined to forward the application as well as report of Three
Member Expert Committee to respondent No.2/NCVT for
consideration for grant of approval. The said writ petition
having been contested by the appellants/State as well as
respondent No.2/NCVT, learned Single Judge proceeded to pass
the impugned order holding as under:
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ORDER
These three writ petitions are filed by the private
industrial training institutions giving industrial training in
different trades like electrician, fitter, dress making, turner
etc., challenging the order dated 20.04.2019 in proceedings
bearing No.PÉÊ.vÀ.G/vÀ/¸ÀA-03/«ªÀ-96/2017-18 passed by
respondent No.3 herein insofar as the petitioners herein are
concerned.
2. Brief facts of the case that would be relevant for
the purpose of disposal of these petitions are:
(a) The petitioner-training institutions had filed necessary
applications seeking affiliation from respondent Nos.1 &
3. In the earlier instance, the petitioners herein had
approached this Court in W.P. Nos.108647-
108651/2017 and connected writ petitions when the
students, who were trained in the institutions, were not
permitted to appear for the examinations on the ground
that the institutions were not granted affiliation. This
Court in the said writ petitions filed by the petitioners
and similarly situated other institutions and also the
students, passed an order on 21.08.2018 disposing of
the said writ petitions with an observation that the case
of the petitioners and similarly placed other institutions
were required to be reconsidered for grant of affiliation
irrespective of the fact that their earlier affiliation was
rejected and the petitioners were permitted to furnish
necessary documents to the concerned authorities in
support of their case.
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(b) Pursuant to the order passed by this Court, respondent
No.3 had appointed an Expert Committee of three men
for the purpose of inspection of the petitioners-
institutions and other similarly situated institutions and
to submit a report. The Committee so appointed by
respondent No.3, after conducting a detailed inspection,
submitted a voluminous report and has recommended
the case of the petitioners-institutions in W.P.
No.111829 of 2019 & W.P.No.111830 of 2019 for grant
of affiliation. It is the case of the petitioners in W.P.
No.111831 of 2019 that even their case has been
recommended by the Expert Committee for the purpose
of grant of affiliation, but respondent No.3 has not
considered the same and, by means of the impugned
order, has rejected the claim of the petitioners for grant
of affiliation. Being aggrieved by the same, the
petitioners-institutions are before this Court.
3. Learned counsel for the petitioners-institutions
submits that when respondent No.3 decided to appoint an
Expert Committee consisting of three members, as required
under the DGET Manual, respondent No.3 is bound by such a
report. He submits that in the order impugned there is not
even a reference to the voluminous report filed by the Expert
Committee which runs into thousands of pages. He submits
that a perusal of report would go to show that the expert
body, along with the report, has also forwarded the inspection
forms, CDs and other particulars. He submits that the
inspection report in respect of the petitioners in the first two
writ petitions runs to 598 & 962 pages respectively and
respondent No.3 has not even bothered to look into the same
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before considering the case of the petitioners for grant of
affiliation.
4. Learned Additional Government Advocate, while
opposing the prayer made in the petitions, submits that
though there is a report submitted by an expert body,
respondent No.3 is not bound by the same and he is not
required to consider it and there afterwards pass the orders.
He submits that subsequent to the receipt of the enquiry
report, being not satisfied by the same, the petitioners were
called upon to appear before respondent No.3, but they have
not complied with the notice. He, therefore, prays to dismiss
the petitions.
5. I have carefully considered the rival arguments
and also perused the material on record.
6. It is not in dispute that the petitioners-
institutions, on an earlier occasion had approached this Court
in W.P. Nos.108647-108651 of 2017 and connected writ
petitions and this Court disposed of the said writ petitions with
an observation that the respondent-authorities are required to
reconsider the case of the petitioners for grant of affiliation
irrespective of the fact that their affiliation was rejected earlier
or not. Petitioners were also given liberty to produce
necessary particulars or documents before the respondent-
authorities in support of their case. Pursuant to the said order
and in compliance of the DGET Manual, respondent No.3 had
constituted a Committee of expert persons for the purpose of
inspection of the petitioners-institutions and also other
similarly situated institutions and to submit a report. The
Expert Committee so constituted by respondent No.3 there
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afterwards held inspection of the petitioners-institution in
question and has filed a very detailed voluminous report
running into hundreds of pages and also recommended the
case of the petitioners for grant of affiliation.
7. From the perusal of the impugned order, it is
seen that the said report of the expert body constituted by
respondent No.3 has not even been referred to in the
impugned order. Though certain passing remarks are made
with regard to the report of the three members expert
committee, there are absolutely no reasons assigned by
respondent No.3 for rejecting the recommendations made by
the expert body for grant of affiliation to the petitioners. The
expert body is stated to have been constituted by respondent
No.3 in compliance of DGET Manual and once the said
committee is constituted for inspection of the institutions and
to submit a report, respondent No.3 is bound to consider the
report submitted by the expert body. In the case on hand, on
perusal of the order impugned, it is seen that the report of the
expert body is not even referred to in the preamble of the said
order and there are no reasons assigned in the body of the
order as to why respondent No.3 has decided to reject the
case of the petitioners in spite of there being a
recommendation by an expert body. Since the order
impugned, prima facie, do not show that respondent No.3 has
considered the inspection report submitted by the three
members Expert Committee before passing the impugned
order, the said order is liable to be set aside for non-
consideration of the report of the three members Expert
Committee.
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C/W WA No. 100001 of 2023
Accordingly, the writ petitions are allowed. The
impugned order dated 20.04.2019 passed by respondent No.3
in proceedings bearing No. No.PÉÊ.vÀ.G/vÀ/¸ÀA-03/«ªÀ-96/2017-18,
insofar as the petitioners herein are concerned, is quashed.
Respondent Nos.1 & 3 are directed to consider the case of the
petitioners in these writ petitions for grant of affiliation taking
into consideration the report submitted by three member
Expert Committee as expeditiously as possible.
In view of disposal of the main matter, pending interim
applications in all the petitions do not survive for
consideration and are disposed of accordingly.
4. As can be seen from the aforesaid impugned order
passed by the learned Single Judge, the appellants/State
including SCVT as well as respondent No.2/NCVT were directed
to consider the case of respondent No.1/writ petitioner for
grant of affiliation taking into consideration the report
submitted by Three Members Expert Committee as
expeditiously as possible. Aggrieved by the impugned order
passed by the learned Single Judge issuing directions as
against the appellants/State, the present Writ Appeal is filed by
the appellants/State. So also, aggrieved by inaction on the part
of the appellants/State as well as respondent No.2/NCVT, who
are arrayed as accused, respondent No.1/writ petitioner has
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instituted the present contempt proceedings in CCC
No.100336/2022.
5. During the pendency of the contempt proceedings,
counter affidavit dated 28.02.2023 has been filed by
respondent No.2/NCVT inter-alia contending that they have not
received any application for affiliation by the complainant and
in the absence thereof, it cannot be said that there has been
any willful disobedience or non-compliance on the part of
respondent No.2/NCVT. On behalf of the appellants/State, who
is also arrayed as accused, affidavit dated 13.07.2023 was filed
along with endorsement dated 10.07.2023, whereby request
for affiliation made by respondent No.1/writ petitioner was
rejected by the appellants/State. Subsequently, the
appellants/State has filed one more affidavit dated 20.07.2023
enclosing a copy of one more endorsement dated 17.07.2023,
whereby earlier endorsement dated 10.07.2023 was withdrawn
and respondent No.1/writ petitioner was intimated that SCVT
affiliation cannot be granted in its favour.
6. Learned counsel for respondent No.1/writ
petitioner, who is also the complainant in CCC
No.100336/2022, submits that he had filed an application
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before the SCVT and it was the duty of the appellants/State to
forward the same along with other documents enclosing the
application for affiliation as well as report of Three Members
Expert Committee to the NCVT for further action and for the
purpose of affiliation in terms of order passed by the learned
Single Judge. It is submitted on behalf of respondent No.1/writ
petitioner that one more application for affiliation would be filed
before respondent No.2/NCVT within a period of two
weeks from today. It is also submitted that role of
appellants/State is restricted to merely forwarding the
application/report/recommendation of Three Member Expert
Committee and affiliation documents submitted by respondent
No.1/writ petitioner to the 2nd respondent/NCVT for
consideration of the claim of respondent No.1/writ petitioner for
affiliation. It is therefore submitted that while writ appeal is
liable to be dismissed, necessary direction may be issued in the
contempt proceedings against the accused.
7. Per contra, learned Government Advocate on
instructions submits that without prejudice to the rights and
contentions of the appellants/State, they would withdraw the
endorsement dated 17.07.2023 and forward the application,
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report, recommendation, documents etc. of the 1st
respondent/writ petitioner to the 2nd respondent/NCVT for
necessary action in the matter pursuant to the order of the
learned Single Judge. So also, learned counsel for respondent
No.2/NCVT submits that it would consider the claim of
respondent No.1/writ petitioner in accordance with law and in
terms of the directions issued by the learned Single Judge.
8. In view of the aforesaid facts and circumstances of
the case and submissions made by both sides, we deem it just
and appropriate to dispose off this writ appeal as well as
contempt petition by issuing certain directions.
9. In the result, we proceed to pass the following:
ORDER
a) Writ Appeal as well as Contempt proceedings
are disposed off without interfering in the
impugned order passed by the learned Single
Judge.
b) The appellants/State in the Writ Appeal is
directed to withdraw the endorsement dated
17.07.2023 within a period of two weeks from
today.
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c) So also, the appellants/State is directed to
forward the application, report,
recommendation of Three Member Expert
Committee and documents etc. of the 1st
respondent/writ petitioner to the 2nd
respondent/NCVT within the aforesaid period of
two weeks from today.
d) Immediately upon receipt of application,
recommendation, report, documents etc. of the
1st respondent-writ petitioner referred to supra,
respondent No.2/NCVT is directed to consider
the claim of respondent No.1/writ petitioner for
affiliation and take appropriate decision/pass
appropriate orders in terms of the order passed
by the learned Single Judge in WP
No.111829/2019 & connected matters within a
period of six weeks from the date of receipt of
copy of the same in accordance with law.
e) To facilitate expeditious compliance of this
present order as well as order of the learned
Single Judge, respondent No.1/writ petitioner
shall file one more fresh/new application to the
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respondent No.2/NCVT within a period of two
weeks from today.
Subject to the aforesaid directions, writ appeal as well
as contempt petition are disposed off.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
RH/JTR
