Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.70 of 2013 ====================================================== 1. Shri Sai Private Industrial Training Institute, Bela, Muzaffarpur through its Secretary Abhay Kumar Singh Son of Narendra Prasad Singh, Mohalla – Kurban Road, Chandbara, P.S. – Town Muzaffarpur, District – Muzaffarpur. 2. Oxford Private Industrial Training Institute, Dawanpur Karwandia, Sasaram, District – Rohtas through its Secretary Ravi Shankar Prasad, Son of Late Kailash Prasad, Resident of Village/Mohalla – Baulia Road, Sasaram, P.O. & P.S. – Sasaram, District – Rohtas. 3. Umakant Sulochna Private Industrial Training Institute, Asha Nagar Kalibag, Dhamdaha, Purnea through its Secretary, Sharat Chandra Jha, Son of Bimla Nand jha, resident of Village/Mohalla – Dhamdaha Madhya, P.S. – Dhamdaha, District – Purnea. 4. Gita Private Industrial Training Institute, Pyarpur Tarapur, Munger through
Legal Reasoning
its Director Jitendra Kumar, Son of Sri Gita Prasad Singh, Resident of Pyarpur, P.O. – Bhagalpur, P.S. – Tarapur, District – Munger. 5. Puja Pallawans Private Industrial Training Institute, Bihar Sharif, Nalanda through its Secretary Rupesh Kumar, son of Shyam Kishore Singh, Resident of Village – Koeyaon, P.O. & P.S. – Koeyaon, District – Nawada. 6. Kishan Private Industrial Training Institute, Ektanagar, Anaith, Ara, District – Bhojpur through its member namely Sri Rishikesh Tiwary, Son of Sri Siddheshwar Tiwary, Resident of Ekta Nagar, Anaith, Ara, District – Bhojpur. ………….………… Petitioners Versus 1. Shri Mrityunjay Sarangi, Son of not known to the Petitioners, the Secretary Ministry of Labour, Sharam Shakti Bhawan Rafi Marg, New Delhi. 2 Patna High Court MJC No.70 of 2013 (2) dt.08-01-2013 2 / 6 2. Shri Sharda Prasad, S/O not known to the Petitioners, The Secretary, National Council for Vocational Training(N.C.V.T.) Government of India, Ministry of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi. 3. Shri Sharda Prasad, S/O not known to the Petitioners, The Director General, Employment and Training, Government of India, Ministry of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi. 4. Shri R.N. Bandopadhyay, Son of not known to the Petitioners, The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064. 5. Shri D. Mallic, Son of not known to the Petitioners, The Director Training, R.D.A.T. (E.R.), M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt lake City, Kolkata-700064. 6. Shri D. Mallic, The Director of Training-Cum-Member Secreatry, National Council of Vocational Training, directorate General of Employment & Training, Shram Shakti Bhawan, New Delhi. 7. Shri Satya Pal Srivastava, Son of not known to the Petitioner, the Deputy Director of Training, Directorate General of Employment and Training, Shram Shakti Bhawan, New Delhi, 8. Shri A.K. Chauhan, Son of not known to the Petitioners, the Principal secretary, Labour Resources Department, Govt. of Bihar, Patna. 9. Shri Dhirendra Mohan Jha, Son of not known to the Petitioner, the Secretary, Labour Resource Department Govt. of Bihar, Patna. 10. Shri Dhirendra Mohan Jha, Son of not known to the Petitioner, the Secretary, State Council for Vocational Training (S.C.V.T.), Government of Bihar, Department of Employment & Training, Ministry of Labour Resourses, New Secretariat, Patna. 11. Shri Dhirendra Mohan Jha, Son of not known to the Petitioner, the Director, Employment and Training, Government of Bihar, Ministry of Labour Resources, Department of Employment & Training, new secretariat, Patna. 12. Shri Amrendra Shekhar Singh, Son of not known to the Petitioner, the Controller of Examination, Department of Employment and Training, Government of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna. 3 Patna High Court MJC No.70 of 2013 (2) dt.08-01-2013 3 / 6 13. S.P.S Private I.T.I Through its Secretary / Director, Neem Chauk Chausima, Post Lakhsmanpuri , Hajipur District –Vaishali. ----Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Respondent/s : Mr. Amarnath Deo, S.C. 26 Mr. S.N. Pathak, Advocate, NCVT ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER 2 08-01-2013 This Court by its different orders passed in C.W.J.C. No. 13177/2012, C.W.J.C. No. 13267/2012 & C.W.J.C. No. 14099/2012 being very much conscious of the fact that the Petitioners had fulfilled the requirements in view of the earlier notifications had directed the Respondents for consideration of grant of Provisional recognition/Affiliation till the fulfillment of all the requirement/requisites by fixing time limit within which the Petitioners may be allowed to fulfill all the requirements/requisites under the new notification. It would be essential to clarify in the present order that under what conditions or circumstances, this Court had directed the Contemnors Opposite Parties to issue the order of grant of Provisional recognition/Affiliation in accordance with law. The State authorities gave No Objection Certificate/Permission letter in the month of April 2012 and were directed to submit old Annexure III as per Industrial Training Manual. The Petitioners gave the 4 Patna High Court MJC No.70 of 2013 (2) dt.08-01-2013 4 / 6 consent and supplied the relevant documents i.e. Annexure III. The Petitioners made available the entire infrastructure as per old Annexure III. The Director, Employment Training, Bihar constituted Inspecting team and directed inspection for the Petitioners’ Institution on the information and documents supplied as per Annexure – III. The Inspection Report was subsequently sent by the State of Bihar to send the entire file along with inspection report to the Regional Office of NCVT at Kolkata. The Regional Office at Kolkata also directed to deposit the inspection fee of Rs. 9000/- which was also deposited by the Petitioners. After deposit of the inspection Fee, Revised Annexure III along with letter dated 12.06.2012 was supplied which showed major changes in addition to the earlier requirement. The changes have come in the midst of inspection when the entire infrastructure has been developed as per old Annexure III by Petitioners. The Petitioners have also brought to the notice that one SPS Private I.T.I. of the district of Vaishali was granted Affiliation with effect from August 2012 in similar circumstances on the basis of the infrastructure as per old Annexure – III. Since changes in the infrastructures were brought in the midst of the inspection and therefore only, this Court by its orders passed in Writ Jurisdiction had directed the authorities for consideration of grant of Provisional Affiliation/recognition. 5 Patna High Court MJC No.70 of 2013 (2) dt.08-01-2013 5 / 6 It appears that the Contemnors Opposite Parties have tried to over reach the orders passed by this court by passing the impugned notification dated 19.09.2012 & 03.10.2012 issued by the Director (Training), NCVT, Govt. of India, Ministry of Labour, New Delhi. The reasoning given for negativing the claim of the Petitioners appear to be in teeth of the spirit of the direction passed by this Court in Writ Jurisdiction. The Court initially thought for initiating Contempt Proceeding against the Contemnors Opposite Parties for passing orders in teeth of the direction of this Court but the Court restrains from initiating the same by cautioning the Contemnors Opposite Parties to act in true compliance of the order of the Court in future as such the notification dated 19.09.2012 and 03.10.2012 issued by the Director (Training), NCVT Govt. of India, New Delhi as contained in Annexure – 2 Series are quashed with a direction to the NCVT to get the inspection of Petitioners I.T.I. from the Regional Office, Kolkata as per old norms of Annexure – III within one month from today and grant Provisional Affiliation/recognition from the Session August 2012. The Petitioners are directed to take Admission for the Session 2012-14 under NCVT Scheme in anticipation of grant of Provisional Affiliation in view of the recommendation made in the inspection Report submitted by a duly constituted team of the State of Bihar. It is further clarified and directed that the Petitioners would make 6 Patna High Court MJC No.70 of 2013 (2) dt.08-01-2013 6 / 6 available the entire infrastructure as per the revised norms of Annexure III within one year from the date of Provisional Affiliation. The Sub Committee of NCVT, New Delhi would grant Permanent Affiliation only after getting inspection of the Institution within one year by the Standing Committee, RDAT, Kolkata as per the revised Annexure III giving fifteen days time to the Petitioners with regard to intimation of fixation of date of inspection. If the NCVT delays in inspection of the Institution for any reason, the Provisional Affiliation as granted would continue for further Session. It is further clarified that if any of the Petitioners restrain from such inspection on the date fixed, the authorities would be at liberty to pass appropriate orders withdrawing the Provisional Affiliation in accordance with law. The Contemnors are directed to act in accordance with the aforesaid directions. The benefit of the present order is restricted to the Petitioners only. The Contempt Petition stands disposed of with the aforesaid directions. Mkr./- (Prakash Chandra Verma, J)