Kerala High Court
Josina V.R vs State Of Kerala on 13 November, 2024
WP(C)NO.5745/2015 1
2024:KER:84366
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024/22ND KARTHIKA,1946
WP(C) NO. 5745 OF 2015
PETITIONER:
JOSINA V.R
AGED 33 YEARS
W/O.BIJU, VAZHAYIL VEEDU, NOOROMMAVU P.O.,
MALLAPPALLY, PATHANAMTHITTA.
BY ADV SRI.R.SANTHOSH BABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
INDUSTRIAL TRAINING DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR
EMPLOYMENT AND TRAINING, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695 014.
3 SECRETARY STATE COUNCIL
FOR VOCATIONAL TRAINING, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695001.
4 R.S.SUBEESHKAR
DEPUTY GENERAL MANAGER (HR), HLL LIFECARE
LIMITED, HLL BHAVAN, POOJAPURA P.O.,
THIRUVANANTHAPURAM - 695 012.
5 ADDL.R5 :
HLL LIFE CARE LIMITED
REPRESENTED BY THE CHAIRMAN AND MANAGING
DIRECTOR, HLL BHAVAN, POOJAPPURA PO.,
THIRUVANANTHAPURAM - 695 012.
WP(C)NO.5745/2015 2
2024:KER:84366
ADDL.R5 IMPLEADED AS PER ORDER DATED 04.03.2015
IN I.A.NO.2970/15.
6 ADDL.R6 :
DIRECTOR
NATIONAL COUNCIL FOR VOCATIONAL TRAINING
GOVT. OF INDIA, NEW DELHI.
ENTERED APPEARANCE AS PER ORDER DATED 31.03.2015
BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.V.KRISHNA MENON
SRI.E.K.MADHAVAN
SRI.PRINSUN PHILIP
SMT.J.SURYA
SMT.P.VIJAYAMMA
SMT.K.M.RASHMI, SR.GOVERNMENT PLEADER
THIS WRIT PETITION HAVING BEEN FINALLY HEARD ON
30.12.2014, THE COURT ON 13.11.2024 DELIVERED THE
FOLLOWING:
WP(C)NO.5745/2015 3
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JUDGMENT
Dated this the 13th day of November, 2024
This Writ Petition is filed by the petitioner seeking the following
prayers :
"(I) To issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents 1 to 3 to issue the
original of National Trade Certificate or any equivalent trade
certificate to the petitioner without any delay.
(II) To issue a writ of mandamus directing 4 th respondent to permit
the petitioner to appear for the interview scheduled on
24.02.2015 as per Ext.P3 by exempting the production of the
original National Trade Certificate in the interest of justice."
Brief facts:
2. Petitioner was a student at the Industrial Training Institute for
Women (I.T.I.), Chengannur during 1999-2001. She has successfully
passed the prescribed test in the trade of 'Electronic Mechanic' which was
held in the month of July 2001. She was issued with Ext.P1 Provisional
National Trade Certificate dated 29.11.2001 by the 3rd respondent. In the
said certificate, it had been stated that the same is only provisional and
that the National Trade Certificate (NTC) will be issued by the National
Council for Vocational Training (NCVT). Her grievance is that despite the
repeated requests, the respondents have not yet issued her the National
Trade Certificate (NTC). She relies on Ext.P5 judgment of this Court in
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W.P.(C) No.21326 of 2003 wherein this Court had directed the issuance of
NTC to a similarly situated person.
3. The 6th respondent Director of NCVT has filed a detailed
counter affidavit. It has been stated therein that as per the records of the
DGE&T, the Industrial Training Institute for Women, Chengannur, the
name of which had been subsequently corrected as Government ITI for
Women, Chengannur, Angadical South, Alappuzha, Kerala is affiliated in
trades of COPA 2 (1+1) units, Electronic Mechanics 2 (1+1) Units and
Stenography (English) 01 Unit since the year 1993. The certificate of
affiliation issued by the DGET dated 04.11.2013 has been produced along
with the counter affidavit as Ext.R6 (a). Further it has been stated in the
counter affidavit as follows:
"As the Institute had affiliation, permitted to admit the
student in the Electronic Mechanics trade for session
1999-2001. It is evident that the petitioner had
successfully completed two years of ITI course in
Electronic Mechanics Trade and issued Provisional
National Trade Certificate by respondent No.2, so
she is entitled to get the National Trade Certificate
(NTC), after successfully passing of All India Trade
Test (AITT) conducted by National Council for
Vocational Training (NCVT)"
The said counter affidavit of the 6 th respondent further proceeds to state
NTC will be issued only based on the information received from the State
Directorate and that as per the records maintained by the 6 th respondent,
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the information relating to the petitioner needed for printing of certificates
was never received and hence the NTC of the petitioner could not be
printed. It is stated therein that except for the communication and
correspondence between the petitioner and the State Directorate of
Kerala, the 6th respondent has not received any letter from the petitioner
and that had any communication been received from the petitioner, timely
action would have been initiated to issue NTC to the petitioner. As regards
Ext.P5 judgment relied on by the petitioner in the W.P.(C), the 6 th
respondent in its counter affidavit has stated that compliance with the
directions in the said judgment could be effected and NTC could be issued
since the details regarding the said person had been duly received by the
6th respondent. The 6th respondent thus contends that in the case of the
petitioner, however, none of the modes for submitting information was
followed by the State Directorate of Kerala and that for the said sole
reason, the NTC of the petitioner could not be printed. The 6 th respondent
has further generally averred in its counter affidavit that the State
Directorate is responsible for providing the information of passed-out
trainees to the Directorate General for the printing of the certificate and
the certificates could not be printed till requisite information in the
prescribed format is received from the State Directorate. The main cause
for depriving the students of NTC, according to the 6 th respondent is the
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delay in submitting information by the State to the 6th respondent.
4. The 2nd respondent, however, has filed a counter affidavit stating
a different version. It is admitted in the said counter affidavit that the
petitioner was a trainee of Electronic Mechanic Trade at Government ITI
(W) Chengannur and that she passed the prescribed test in the trade of
"Electric Mechanic" held in the month of July, 2001. However, during the
relevant period, the trade of 'Electronic Mechanic' at Government ITI (W),
Chengannur, was not affiliated with the National Council for Vocational
Training (NCVT). Though both affiliated and unaffiliated courses were
offered by Government ITI (W), Chengannur, the prospectus issued
during the relevant period was common to all and the distinction between
the affiliated and unaffiliated trades was not mentioned in the prospectus
published till the year 2001. Since the trade of 'Electronic Mechanic' at
Government ITI (W), Chengannur was not affiliated to NCVT during the
period 1999-2001, the petitioner is only eligible for SCVT certificate. It is
further stated in the counter affidavit that the grievance of persons like the
petitioner has been noted by the 1st respondent and hence Ext.R2(a) has
been issued treating the SCVT certificate holders who had been issued
with the Provisional National Trade Certificate (PNTCs) as equivalent to
those who hold NTC when it comes to appointments in State Government/
Quasi Government Institutions and Public Sector Undertaking. Nothing
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has been stated in the counter affidavit of the 2 nd respondent regarding
not forwarding the details of the petitioner to the additional 6th respondent
for issuance of NTC. The silence is presumably for the reason that the 2 nd
respondent considers the same to be a redundant exercise as they deem
the petitioner to be not entitled to the issuance of NTC since according to
them the course that she underwent was not affiliated with the National
Council for Vocational Training (NCVT) during the relevant time.
5. Heard Sri.R.Santhosh Babu, learned counsel appearing for
the petitioner and Smt.K.M.Rashmi, learned Senior Government Pleader
appearing for the 2nd respondent.
6. The learned counsel appearing for the petitioner contends
that the petitioner has been put to substantial loss and injury since she
has not been issued the NTC as undertaken in the provisional certificate
issued to her. She vehemently contends that after having undergone the
course successfully and having been issued with a provisional certificate
specifically informing that the NTC will be issued later, the 2 nd respondent
cannot now be heard to contend that the course had no affiliation. She
further contends that the authority competent to issue the NTC on the
other hand has no such case in their counter affidavit that the course is
not affiliated. The learned counsel submits that the 2 nd respondent cannot
put forth the contentions seen taken in the counter affidavit when the
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authority competent to issue the NTC, viz., the 6 th respondent themselves
have stated in their counter affidavit that the Institute had an affiliation to
admit the student for Electronic Mechanics trade for session 1999-2001.
The learned counsel relies on Exts.P2 to P4 and contends that the same
would reveal that she had lost many employment opportunities both within
India and abroad for non-production of the original NTC. She further relies
on Ext.P5 judgment of this Court and contends that a similarly situated
person had been issued with NTC pursuant to the intervention of this
Court as revealed therein. The learned counsel thus prays that though
IInd prayer the W.P.(C) has become redundant due to efflux of time, Ist
prayer as sought in may be allowed as prayed for.
7. Per contra, the learned Government Pleader contended that
the prayer sought in the Writ Petition cannot be granted. The
statements made in the counter-affidavit filed by the 2nd respondent are
reiterated and it is submitted that the petitioner was extended the option to
avail herself of the SCVT certificate, which she had declined to accept. It
is further contended by the learned Government Pleader that the State
Government had, taking note of the situation of persons like the petitioner
who had undergone training in the trade not affiliated to the NCVT, taken
steps to recognize the PNTC as equivalent to NTC and the same would
meet the concerns of the petitioner as the PNTC can be now presented
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for appointments in State Government/ Quasi Government Institutions and
Public Sector Undertaking.
8. The learned counsel for the petitioner in reply submits that
the issuance of SCVT certificates or the steps said to have been taken by
the State Government to recognise the PNTC for employment within the
State are not sufficient substitutes for the issuance of the original NTC,
since the NTC alone has a pan-India acceptance and it could even be
used for seeking employment abroad. The learned counsel submits that
the counter affidavit filed by the 6 th respondent evidences their willingness
to issue the NTC though the 2nd respondent has been unnecessarily
protracting the matter, and such procrastination from the State has been
lamented by the 6th respondent in their counter affidavit.
9. Upon hearing the counsel and perusing the pleadings, it is
revealed that despite having successfully completed the course of
Electronic Mechanic as early as 2001 and having been issued with Ext.P1
Provisional National Trade Certificate in the trade of Electronic Mechanic
which specifically states that the Original NTC will be issued by the
National Council for Vocational Training, the petitioner has not yet been
issued with the same. Thus in spite of more than decades having elapsed
after her successfully completing the course, the petitioner is still not in a
position to put to beneficial use the educational qualification acquired by
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her solely due to the non-issuance of the original certificate. The said
stalemate cannot be allowed to continue any further.
10. A student who successfully completes a Government approved
course and is issued with a provisional certificate which carries an
undertaking on its face that an original certificate will soon follow, has a
legitimate expectation that the same will be duly issued to her. The same
stands breached in the case of the petitioner. Though inordinately
delayed, the petitioner is entitled to be issued with the original National
Trade Certificate to which she is entitled as per her qualification as
revealed in Ext.P1 provisional National Trade Certificate. The 6 th
respondent, which is the competent authority regarding issuance of NTC,
has specifically stated in their counter affidavit that as per the records of
the DGE&T, the Industrial Training Institute for Women, Chengannur,
wherein the petitioner underwent the relevant course, has a valid affiliation
for the trade of 'Electronic Mechanic' since the year 1993. The petitioner
was admitted to the affiliated institute for session 1999-2001. The 6th
respondent has further stated in the counter affidavit that NTC is issued
based on the information received from the State Directorate. As per the
records maintained by the 6th respondent, the information relating to the
petitioner needed for the printing of NTC was never received from the
State Directorate. Hence according to the 6th respondent, the NTC of the
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petitioner could not be printed for the sole reason that the State
Directorate, which is responsible for providing the information of passed-
out trainees to the Directorate General for the printing of the certificate
had not forwarded the requisite information of the petitioner in the
prescribed format. Once it is received from the State Directorate, the 6 th
respondent will process the same and issue the NTC to the petitioner. In
the light of the said specific statements made in the counter affidavit of the
6th respondent, the contentions put forth by the 2nd respondent cannot be
countenanced.
11. In view of the above, this W.P.(C) is disposed of with the
following directions:
(i) The 2nd and 3rd respondents shall, within a period of one
month from the date of receipt of a copy of this judgment, forward
to the 6th respondent the relevant details of the petitioner as
reflected in Ext.P1 provisional National Trade Certificate and any
other additional details needed for issuance of a National Trade
Certificate by the 6th respondent.
(ii) The 6th respondent shall, within a period of two months from
the receipt of the details as mentioned above, issue to the
petitioner the National Trade Certificate as reflected in Ext.P1
Provisional National Trade Certificate.
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(iii) The petitioner shall produce a copy of this judgment along
with a copy of the Writ Petition before the 2 nd and 3rd respondents
for further action.
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
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APPENDIX OF WP(C) 5745/2015
RESPONDENT EXHIBITS
Exhibit R2(b) True copy of the Government Order
G.O(Rt) No.2766/05/LBR dated 01.10.2005
PETITIONER'S EXHIBITS
EXT.P1 COPY OF CERTIFICATE SL NO.105146 DATED
29.11.2001 ISSUED BY THE 3RD RESPONDENT
EXT.P2 TRUE COPY OF THE DECLARATION ISSUED FROM
ISRO VALIYAMALA, THIRUVANANTHAPURAM.
EXT.P3 TRUE COPY OF THE CALL LETTER DATED
11/02/2015 ISSUED BY THE 4TH RESPONDENT.
EXT.P4 TRUE COPY OF THE LETTER DATED 06/12/2014
TO THE 2ND RESPONDENT.
EXT.P5 TRUE COPY OF JUDGMENT IN WP(C)
21326/2003 DATED 4.7.2003
RESPONDENTS' EXHIBITS
EXHIBIT R2(a) TRUE COPY OF THE G.O. (Rt) NO.
2766/05/LBR DATED 01-10-2005
EXHIBIT R6(a) TRUE COPY OF THE CERTIFICATE OF
AFFILIATION ISSUED BY THE MINISTRY OF
LABOUR & EMPLOYMENT DIRECTORATE GENERAL
OF EMPLOYMENT & TRAINING,NEW DELHI DATED
04-11-2013.
