Rajasthan High Court - Jodhpur

Samrat Private Industrial ... vs State Of Rajasthan ... on 16 October, 2023

Bench: Pushpendra Singh Bhati

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9136/2023

Samrat Private Industrial Training Institute, Through Secretary Anil Agarwal S/o Shri Ramesh Chand Agarwal, Aged 36 Years. Address, Uday Road, Gangapur City, Dist - Madhopur (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 General Of Training, Ministry Of Labour And Employment, Government Of India, Sram Shakti Bhawan, Rafi Marg, New Delhi.

                                                                   ----Respondents


For Petitioner(s)            :    Mr. Jogu Singh Bhati
For Respondent(s)            :    Mr. Manish Vyas, AAG
                                  Mr. Uttam Singh Rajpurohit for
                                  Mr. Mukesh Rajpurohit, Dy.S.G.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

16/10/2023

1. This writ petition under Article 226 of the Constitution of

India has been preferred claiming the following reliefs:

"i. The impugned rejection order dated 17.06.2022 (Annex-7) may kindly be quashed and set aside.

ii. The impugned condition of shifting of ITI (annex-9) may be kindly be quashed and set aside qua the petitioner ITI and be declared illegal being in violation of provisions of the Constitution of India.

iii. The respondent authorities may kindly be directed to consider the new location of the petitioner ITI at Village Udai Road, Gangapur City, District Sawai Madhopur (Raj.) for all purposes including and not limited to admission, affiliation, written examination, practical examination and other online activities.

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iv. Any other appropriate writ, order or direction which the facts and circumstances of the case warrants be issued and;

v. Costs of the writ petition be allowed in favour of the petitioner."

2. Mr. Jogu Singh Bhati, learned counsel appearing on behalf of

the petitioner-Institution submits that the petitioner-Institution

had got the affiliation from the respondent authorities in 2014 for

the Trade Electrician and the petitioner-Institution, thereafter, was

regularly imparting education to the students.

2.1 Learned counsel further submits that the petitioner-

Institution was originally registered for location at Raja Shab Ke

Akhli, Tehsil Makrana, District Nagaur and the bone of contention

is that the petitioner-Institution is now seeking shifting from the

said location to Gangapur City, Udai Road, District Sawai

Madhopur and for such shifting, the respondents are not acting in

accordance with law.

2.2 Learned counsel also submits that there was no bar upon the

petitioner- Institution to move an application for shifting when it

made such application on 31.08.2019, but however, subsequently,

the respondents changed their policy and any transfer of the ITI

was to be allowed within the block only keeping in view the

mobility of the students undergoing training; in the case of Urban

areas, the shifting was restricted to Municipal Corporation limited

from Session 2019 onwards.

2.3 Learned counsel further submits that not only this is a

subsequent condition, which has been imposed, but also such

condition is bad because the petitioner-Institution had the

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autonomy to shift the ITI as per law, which was prevailing at the

time when the application was made.

2.4 Learned counsel also submits that the policy of not allowing

the changing of territory is also bad in the eye of law because this

will unnecessarily infringe upon the petitioner-Institution's right to

operate in a newer territory or on newer locations, strictly in

accordance with law. Learned counsel further submits that no

session was going on.

3. Mr. Manish Vyas, AAG and Mr. Uttam Singh Rajpurohit,

learned assisting counsel for Mr. Mukesh Rajpurohit, Dy.S.G.

submit that the issue of shifting of ITI has been settled by this

Court in the matter of Smt. Banwari Devi Pvt. ITI Vs. State of

Rajasthan & Ors. : S.B. Civil Writ Petition No.2363/2022

and other connected petition decided on 05.07.2023. The relevant

portion of the judgment reads as follows:

"6. Heard learned counsel for the parties as well as perused the record of the case.

7. At the outset, this Court deems it appropriate to reproduce the relevant portions of Instruction 3.5 of the Affiliation Norms for ITIs Year-2018, Agenda Item No. 7.08 of the 6th/7th Meeting of Recommendation Committee DGT held on 27.08.2019 and the inspection report dated 06.09.2019; the same are reproduced as hereunder:

Instruction 3.5 :

"Instructions for 3.5

i) If any existing institute relocates to a new location without following latest NCVT norms or without written prior approval of DGT/State Directorate, then institute shall be de-affiliated and not be allowed to re-affiliate for minimum period of 3 years from the date of de-affiliation.

ii) While relocating the institute to a new location, institute shall ensure all trainees enrolled complete the training duration and no fresh admissions are admitted.

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iii) If any institute relocates without following NCVT norms or prior written approval of the DGT/State Directorate, criminal proceedings may be initiated against the management of the Institute.

iv) While re-affiliation of the institute, they may utilize all movable existing equipment, machinery, tools etc. The exemption will be given for the following conditions: All the tax invoices of machinery, equipment and tools shall not be older than 6 months from the date of application." Agenda Item No. 7.08 :

"Agenda Item no.7.08 SHIFTING OF ITI's It was proposed before the committee that shifting of ITIs shall be allowed within the block only, keeping view of mobility of students undergoing training. In case of urban areas, the shifting shall be allowed only within municipal/corporation limits from Session 2019 onwards.

After detailed discussion, the committee approved the aforesaid proposal."

Inspection Report dated 06.09.2019 :

"I.T.I. cUn gks xbZ gS A dksbZ Hkh fcfYMax ugha ik;h xbZ A dsoy ,d cksMZ yxk feyk A yksxkssa us crk;k fd ITI dh txg Hotel cu x;k gSA fn;s Mobile No.ij ckr ugha gks ik;h A"

8. This Court observes that the petitioners-Institutes, which were the duly affiliated Industrial Training Institutes, have been granted affiliation by the respondents, for Unit in Trade of Electrician. Thereafter, the application for shifting from old location to the new location were moved by the petitioners, before the respondents. In the meantime, the respondents conducted the routine inspection of ITI Institutes including the petitioner-Institute (in S.B. Civil Writ Petition No. 2363/2022) at the old location, and the same were found closed. Thereafter, the respondent no.5 vide impugned letter dated 17.11.2021, de- affiliated 127 private ITI Institutes in total, in the State of Rajasthan, including the petitioner-Institute w.e.f. August 2021.

9. It is informed by learned counsel for the respondents that the petitioners-Institutes have relocated themselves before obtaining the due approval for that purpose; the same clearly amounts to violation of the duly prescribed norms.

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

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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.

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."

3.1 Learned counsel further submit that the policy in question

has been made so as to take care of the mobility of the students,

who are undergoing the training and by no stretch of imagination,

the policy can be said to be bad because if the territorial distance

of shifting is permitted for the ITI, then the students studying in

the present ITI would have to go from Nagaur to Sawai Madhopur,

which is at least about 400-450 kms. and the shifting of such

students would not serve the purpose of such students.

4. After hearing learned counsel for the parties as well as

perusing the record of the case along with the precedent law cited

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