Shri Lal Bahadur Shastri Private ... vs State Of Rajasthan
2023 Latest Caselaw 8504 Raj

[2023:RJ-JD:35002]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 8657/2021

Eminent Itc Baran, (Under The Management Of Ambika Training Institute, Baran) Through Its Secretary Praveen Sharma S/o Shri Shyam Sundar Sharma, Aged About 46 Years, R/o Plot No. 3 Mangrol Road Bai Pass, Balaji Nagar, Baran, District Baran, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Technical Education, Secretariat, Jaipur, Rajasthan.

2. Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur.

3. The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, G3/1, Ambedkar Bhawan, Near Civil Lines Railway Crossing, Jaipur, Rajasthan.

----Respondents Connected With (2) S.B. Civil Writ Petition No. 7808/2021 R S Kausalya Devi Pvt. Industrial Training Institute, Through Secretary Praveen Chand S/o Shri Prakash Chand, Aged 36 Years, Address - Plot No. 48, Dusad Nagar, Iii, Gopi Nagar, Sanganer, Dist. Jaipur (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Technical Education, Secretariat, Jaipur.

2. The Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur (Raj.)

3. The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, G 3/1, Ambedkar Bhawan, Near Civil Lines Railway Crossing, Jaipur (Raj.)

----Respondents (3) S.B. Civil Writ Petition No. 9772/2021 Shri Ramanandacharya Private Industrial Training Institute, (Under The Management Of Gramin Vikas Sansthan) Through Its Secretary Rajendra Kumar Sharma S/o Shri Gori Shankar Sharma, Aged About 50 Years, R/o Village Nayan Tehsil Shahpura District Jaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Technical Education, Secretariat, Jaipur, Rajasthan.

[2023:RJ-JD:35002] (2 of 5) [CW-8657/2021]

2. Director, Directorate Of Technical Education, W-6, Residency Road, Jodhpur.

3. The Director, Department Of Social Justice And Empowerment, Government Of Rajasthan, G 3/1, Ambedkar Bhawan, Near Civil Lines Railway Crossing, Jaipur, Rajasthan.

----Respondents (4) S.B. Civil Writ Petition No. 15885/2021 Shri Lal Bahadur Shastri Pvt. ITI

---Petitioner Versus State of Rajasthan

---Respondent (5) S.B. Civil Writ Petition No. 17826/2021 Shree Kanta Pvt. ITI

---Petitioner Versus State of Rajasthan

---Respondent (6) S.B. Civil Writ Petition No. 1971/2022 Lakshy Pvt. ITI

---Petitioner Versus State of Rajasthan

---Respondent

For Petitioner(s) : Mr. Vikram Singh Bhati For Respondent(s) : Mr. Manish Kumar Vyas, AAG Mr. Anil Kumar Gaur, AAG (SBCWP No.1971/2022)

HON'BLE DR. JUSTICE NUPUR BHATI

Order

13/10/2023

In SBCWP Nos.8657/2021, 7808/2021 & 9772/2021:-

1. These bunch of writ petitions have been filed under Article

226 of the Constitution of India. Since these writ petitions involve

common question of law, hence, prayers of writ petition bearing

No.SBCWP No.8657/2021, is reproduced hereinbelow:-

"A. By an appropriate writ order or direction, the record of the case may kindly be called for.

[2023:RJ-JD:35002] (3 of 5) [CW-8657/2021]

B. By an appropriate writ, order or direction and the respondent no.2 may kindly be directed to forward Course Mapping of the petitioner ITI to the respondent no.3 for the purpose of grant of scholarship to the students for the year 2020-2021 and onwards.

C. By an appropriate writ, order or direction, the respondent no.3 may kindly be directed to grant scholarship to the students of the petitioner ITI, and release the hold on the scholarship, accordingly.

D. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

E. Writ petition filed by the petitioner may kindly be allowed with costs."

2. At the outset, learned AAGs Mr. Manish Kumar Vyas and Mr.

Anil Kumar Gaur, jointly submit that the controversy involved in

these bunch of writ petitions is squarely covered by the judgment

passed by a Coordinate Bench on 05.07.2023 in SBCWP

No.2363/2022; titled as Smt. Banwari Devi Pvt. ITI (Old

Address) Vs. State of Rajasthan & Ors. with other connected

matter. Relevant portion of the said judgment is reproduced

hereunder:-

"10. This Court also observes that as per Instruction 3.5 of the Affiliation Norms For ITIs Year-2018, in case any existing institute relocates itself to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then such institute shall be de-affiliated and would not be allowed to get re- affiliation for a minimum period of three years from the date of de-affiliation.

[2023:RJ-JD:35002] (4 of 5) [CW-8657/2021]

10.1. In the present case, the petitioners-Institutes have not been granted due permission for relocation in question, and therefore, the impugned action of the respondents does not suffer from any illegality or arbitrariness.

11. This Court also observes that as per Agenda Item No. 7.08 of the Affiliation Norms for ITIs Year- 2018, the approval for the shifting of the Institute has been allowed only within the block, and in case of the urban area, the shifting shall be allowed only within the Municipal Corporation limits from Session 2019 onward, Therefore, the petitioners-Institutes clearly violated the duly prescribed norms and policies.

12. This Court further observes that in the afore- quoted inspection report, it was clearly stated that the Institute (in S.B.Civil Writ Petition No. 2363/2022) was found closed and at that location, a Hotel was found, instead of an ITI.

13. In light of the aforesaid observations and looking into the factual matrix of the present case, this Court does not find it a fit case so as to grant any relief to the petitioners in the present petitions.

14. Consequently, the present petitions are dismissed. All pending applications stand disposed of."

3. Learned counsel for the petitioners, is not in a position to

refute the same.

4. In view of the aforequoted judgment, the instant bunch of

writ petitions are also dismissed in the same terms as in the case

of Smt. Banwari Devi (supra). Stay application as well as all

other pending applications, if any, also stand rejected.

5. A copy of this order be placed in each file.

In SBCWP Nos.15885/2021, 17826/2021 & 1971/2022:-

[2023:RJ-JD:35002] (5 of 5) [CW-8657/2021]

Learned counsel for the petitioner submits that writ petitions

bearing Nos.15885/2021, 17826/2021 and 1971/2022, have

wrongly been connected with this bunch of writ petitions.

Office is directed to de-tag the same and list these writ

petitions in the appropriate category.

A copy of this order be placed in each file.

(DR. NUPUR BHATI),J

372, 373, 374, 375, 376 & 377-/Devesh/-

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