Rajasthan High Court - Jodhpur
Brcm Pvt. Iti vs State Of Rajasthan (2025:Rj-Jd:44403) on 9 October, 2025
[2025:RJ-JD:44403]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10556/2022
Brcm Pvt. Iti, (Old Address) Mahapura Ajmer Road, District
Jaipur (Now Addres) Nangal Rajawatan, Tehsil Nangal
Rajawatan, District Dausa Through Society Vinayak Shiksha
Samiti, C-65, Valmiki Marg, Hanuman Nagar, Jaipur Through
Secretary Tara Chand Meena S/o Shri Jagdish Prasad Meena,
Aged About 36 Years, R/o Kishorpura, Nangal Rajawatan, District
Dausa (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Director, Directorate Of
Technical Education, W-6, Residency Road, Jodhpur
(Rajasthan).
2. The Commissioner (See), Commissionerate Of Skill,
Employment And Entrepreneurship Department,
Rajasthan, Koushal Bhawan, Emi Campus, J-Ba, Jhalana
Industrial Area, Jaipur.
3. Director General (Affiliation), Directorate General Of
Training (Dgt), Ministry Of Skill Development And
Entrepreneurship, Government Of India, Room No. 105,
Ist Floor, Cirtus Building, Iari Campus, Pusa, New Delhi -
110012.
4. The Director Of Training, Directorate Of General Of
Training (Dgt), Ministry Of Skill Development And
Entrepreneurship, Government Of India, Room No. 105,
Ist Floor, Cirtus Building, Iari Campus, Pusa, New Delhi -
110012.
----Respondents
For Petitioner(s) : Mr. Anurag Jyani
Mr. Nikhil Vishnoi
For Respondent(s) : Mr. Vikram Choudhary for
Mr. I.R. Choudhary, AAG
(None present for respondent No.3
and 4)
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[2025:RJ-JD:44403] (2 of 4) [CW-10556/2022]
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
09/10/2025
1. Matter comes up on application (I.A. No.01/2023) filed by
respondent Nos.3 and 4 seeking disposal of the writ petition in
light of the judgment passed by a Co-ordinate Bench of this Court
in S.B. Civil Writ Petition No.2363/2022 (Smt. Bhanwari
Devt Pvt. ITI Vs. State of Rajasthan & Ors.)decided on
05.07.2023.
2. The present writ petition has been filed with the following
prayer:-
"It is, therefore, most humbly prayed that this
writ petition may kindly be allowed with cost and by
and appropriate writ, order or directions; the
respondents may kindly be directed to arrange and
allow the students of the petitioner's institution to take
exam at new address/location i.e. Nangal Rajawatan,
Tehsil Nangal Rajawatan, District Dausa, which will
held in month of August-2022.
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"
3. Learned counsel for the State submits that the present writ
petition may be decided in light of the said judgment as the issue
raised in the present writ petition is no more res-integra.
4. Learned counsel for the petitioner is not in a position to
refute the contents of the application so also the submission made
by the State counsel.
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[2025:RJ-JD:44403] (3 of 4) [CW-10556/2022]
5. A Co-ordinate Bench of this Court in the case of Smt.
Bhanwari Devi (supra) held as under:-
"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 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.
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[2025:RJ-JD:44403] (4 of 4) [CW-10556/2022]
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."
6. Considering the facts and circumstances of the present case,
the present writ petition is disposed of in the same terms as was
decided in Smt. Bhanwari Devi (supra).
7. Pending applications, if any, stand(s) disposed of.
(SUNIL BENIWAL),J
49-AbhishekK/-
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