Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5873 of 2013 ====================================================== Hind Haidry Pvt. I.T.I., Patna City, Patna Through Its Secretary Tanweer Ahmad Haidry, Son Of Md. Nasimuddin Haidry Resident Of Mohalla- Kashmiri Kothi, P.O.- Jhaoganj, P.S.- Khajekalan, District- Patna Versus 1. The Union Of India Through The Secretary Ministry Of Labor, Sharam .... .... Petitioner Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector- 1, Salt Lake City, Kolkata- 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District- Vaishali .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5879 of 2013 ====================================================== Janki Pvt. I.T.I., Soh Sarai, Ramgarh Chowk, Lakhisarai Through Its Secretary Indrajit Kumar Son Of Krishnandan Prasad Resident Of Village + P.O.- Pachaura, P.S.- Harnaut, District- Nalanda Versus 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam .... .... Petitioner/s Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 2 Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector- 1, Salt Lake City, Kolkata- 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resourses New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/ Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2575 of 2013 ====================================================== 1. Pinak Pvt. Industrial Training Institute , Ghoswari Bakhtiyarpur, Patna, Through Its Director Prafulla Kumar Azad S/O Sri Prabhat Kumar Azad R/O Vill+P.O.-Ghoshwari, P.S.-Bakhtiyarpur, Distt-Patna 2. Basudeo Shri Krishna Institute Of Technical Education Private Industrial Training Institute, Ward No.1, Pathraha, Madhepura, Through Its Secretary Deepak Kumar S/O Sampat Prasad Yadav R/O Ward No.1, Pathraha, P.S.+Distt-Madhepura 3. Chetan Sadhan Private Industrial Training Institute Manaria (Turki Chhajan Road), Turki Muzaffarpur, Through Its Secretary, Amitabh Ranjan S/O Late Raj Narayan Thakur R/O Main Road, Juran Churan Chapra, Muzaffarpur 4. Swami Vivekanand Private Industrial Training Institute Salempur, Sahebganj, Muzaffarpur, Through Its Secretary, Sushil Kumar Singh S/O Sri Y.P.Singh R/O Nawal Kishore Chawk, Sahebganj, Distt- Muzaffarpur Versus 1. The State Of Bihar Through The Principal Secretary, Labour Resources Department, Government Of Bihar, Patna 2. The Director, Employment &Training , Bihar, Patna 3. The Union Of India Through The Secretary, Ministry Of Labour .... .... Petitioner/s &Employment, Shram Sakti Bhawan, New Delhi 4. The Director General Of Training-Cum-Member Secretary, National Council Of Vocational Training Directorate General Of Employment &Training Sharma Sakti Bhawan, New Delhi 5. The Director , Training R.D.A.T.(E.R.), S.M.O.Building , Ist Floor, D.F.Block, Sector-1, Salt Lake City, Kolkatta-700064 6. The Deputy Director Of Training Directorate General Of Employment Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 3 &Training , Shram Sakti Bhawan, New Delhi .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.3115 of 2013 ====================================================== Sri Vishnu Private Industrial Training Institute, Islampur, District- Nalanda At Biharsharif Through Its Secretary Namely Ravi Kant Kumar, S/O Sri Yamuna Prasad R/O Village- Kolhara Bigha, P.S.- Dangari, District- Nalanda At Biharsarif Versus 1. The State Of Bihar Through The Princpal Secretary Labour Resources Deparatment, Government Of Bihar, Patna 2. The Director, Employment & Training, Bihar, Patna 3. The Union Of India Through The Secretary Ministry Of Labour & .... .... Petitioner/s Employment, Shram Sakti Bhawan, New Delhi 4. The Director General Of Training-Cum-Member Secretary National Council Of Vocational Training, Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi 5. The Director, Training R.D.A.T.(E.R.) S.M.O. Building, 1st Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064 6. The Deputy Director Of Training Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5005 of 2013 ====================================================== Ambika Bhawani Private Industrial Training Institute, Village + P.O. Bakhara, P.S. + District Muzaffarpur, Through Its Director, Ram Babu Kumar S/O Hari Narayan Singh Resident Of Village + P.O. Bakhara, P.S. + District Muzaffarpur. Versus 1. The State Of Bihar Through The Principal Secretary, Labour Resources Department, Government Of Bihar, Patna. 2. The Director, Employment And Training, Bihar, Patna. 3. The Union Of India Through The Secretary, Ministry Of Labour And .... .... Petitioner/s Employment, Shram Sakti Bhawan, New Delhi. 4. The Director General Of Training Cum Member Secretary, National Council Of Vocational Training, Directorate General Of Employment And Training, Shram Sakti Bhawan, New Delhi. 5. The Director, Training R.D.A.T. (E.R.), S.M.O. Building, 1st Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064. 6. The Deputy Director Of Training, Directorate General Of Employment And Training, Shram Sakti Bhawan, New Delhi.
Facts
Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 4
Legal Reasoning
was made by this Court in a writ application that also was actually ignored. 5. The second part of the submission of the learned counsel for the petitioners is that when now new procedure has been evolved by the NCVT by evolving the concept of accreditation by Quality Council of India, the same should not be made applicable to the pending cases and the petitioners institutions should be allowed to be guided by the earlier provision under which the NCVT alone was entitled to grant recognition. 6. In this case, Mr. S.N. Pathak, learned counsel appearing for the NCVT and Quality Council of India ( in short ‘QCI’) having filed counter affidavit in CWJC No. 5873 of 2013 has explained that grant of recognition is not a fundamental right of any institution and the issue relating to standardization of the institution has to be essentially considered in the background of Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 18 the increasing need of establishment of well equipped and quality institutions by ensuring that the fake institution do not come into existence. In this regard he has also submitted that the matter of accredition of the institutions was already under consideration of the Government of India for a long time and in fact much before the Government of Bihar had issued its advertisement on 17.12.2011. He has in this connection also placed reliance on on the decision of the Government of India in the Ministry of Labour and Employment, Directorate General of Employment & Training dated 6.8.2012 to support himself that such policy was in brewing from 12.1.2011 and ultimately after different rounds of consultation and consideration at various levels, the ultimate decision was taken by the Government of India wherein it has been decided that:- “ORDER Whereas 17 Private ITI filed two W.P. Nos. 13177 of 2012 and 14099 of 2012 before the Hon’ble High Court of Patna. Hon’ble High Court passed an order dated 06.08.2012 wherein Hon’ble Court did not find any merit in the W.P. in view of the amended notification for grant of recognition/affiliation. However, Hon’ble court desired that since the petitioners had fulfilled the requirements in view of the earlier notification, they may be considered for grant of provisional recognition/affiliation till the fulfillment of all the requirements/requisites by fixing time limit with in which the petitioners may be allowed to fulfill all the requirements/requisites under the new notification Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 19 in accordance with law. The case was considered by the Sub-Committee of NCVT dealing with affiliation in its meeting held on 24.08.2012. Sub-Committee was of the view that there was no such provision for granting provisional recognition/affiliation in existing NCVT norms; the provisional recognition/affiliation therefore cannot be accorded. Now, therefore, in the light of order dated 06.08.2012 of Hon’ble Court, the petitioner it is are advised to submit their proposals for recognition/affiliation of trades/units according to current NCVT norms and procedure as early as possible so that their cases could be considered by the Sub-Committee at the earliest.” 7. Mr. Pathak, therefore, has impressed that in all the pending cases which were not decided by the NCVT as on 6.8.2012, it will have to be now necessarily governed by the new policy wherein the accreditation has to be given by the Quality Council of India. 8. In the considered opinion of this Court, the petitioners institutions in fact are in the process of creating third party right. These institutions no doubt come into existence by way of their own entrepreneurship and business exercise but then in these institutions, there would be imparting of teaching to the students who will have their fate and future totally dedicated to the public at large on the basis of education and training obtained by Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 20 them from such institutions. The ITI, therefore, which will come into existence including the petitioners institutions must be bonafide institution with all the infrastructure necessary for imparting training to the students. If for that purpose, the Government of India has evolved a new procedure and in fact has given the job to a dedicated institution, this Court in exercise of power under Article 226 of the Constitution of India cannot sit in appeal over such administration decision of the Government of India. The ultimate goal being accreditation of the good and viable institutions in fact it will be in the interest of the petitioners institutions as well to get such accreditation at the inception so as to avoid any future complication which may arise on account of provisional or temporary order of recognition which may lead to not only closure of the institutions in the midway but also jeopardize the fate and future of the students seeking admission for completing their technical course. 9. Considering all these aspects, this Court is neither in favour of issuing a direction to the NCVT or to the State Government for giving provisional recognition to these institutions. True it is that on a representation made by the counsel for the Bihar in the newspaper on 17.12.2011, these institutions have invested considerable amount in creating infrastructure as Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 21 also engaging the teaching staffs with a hope and belief to start the actual teaching work at an early date. It is also true that there are some recurring expenses which they have been bearing only with a legitimate expectation of making such institution functional at an early date. However as noted above the importance of the regulatory control of the State over such upcoming institutions cannot be minimised inasmuch as the same is guided by public interest of establishment and functioning of only such institutions which would meet the prescribed standard of technical institution. 10. In that view of the matter, the State Government which had represented to the petitioners to come out in the private sector for helping it to take the job of imparting training by establishing ITI also must rise to the occasion and do the needful to ensure that the cases of the institutions, at least those who are deserving, should not be kept pending on account of any laches or lapse on the part of the officials of the State Government. In fact, the State will owe a duty to also monitor their cases before the NCVT/QCI in order to inspire confidence to its own representation leading to such institution to invest fund in the private sector. At the same time, since the technical education falls under the Union list of the Constitution of India and thus is within the domain of the Central Government, its decision for Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 22 accreditation to the ITI through NCQ has to be also followed in letter and spirit. Thus, the State Government and the Central Government must act in cohesion to ensure that at least the genuine ITI institution including anyone from these petitioners institutions do not suffer endlessly in the matter of taking a final decision for grant of accreditation/recognition to them. 11. In the light of the aforesaid discussions, this Court taking into account the Government of India decision dated 19.9.2012 would issue following directions:- (a) All the petitioners institutions and in fact any intending institution if it wants a accreditation/recognition for running the ITI must submits its on-line application as prescribed in the aforesaid circular of the Central Government dated 6.8.2012 and the State Government must take a decision within fifteen days as prescribed by the NCVT. (b) In case of those institutions which have already been inspected and recommended as well as for the institutions whose favorable report has already been sent by the State Government, for them the observation of he State Government must be sent to the QCI within a period of one month. (c) The petitioners will thereafter deposit the fee prescribed by the QCI within a week of the submission of the observation and comment of the Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 23 State Government to the QCI and the QCI will be under obligation to complete its process of inspection of the individual institutions within a period of six weeks from the date of deposit of the fees. (d) The final decision also must be taken within a period of one month from the date of submission of the inspector report by the QCI. 12. In view of the fact that these petitioner institutions have undergone a great suffering at least for last one and half year despite being promised full co-operation at one point of time by the State Government in making them viable and functional at an early date and with expectation they have already invested their fortune, this Court would direct that the time schedule fixed in these cases must be punctually complied by all the parties in order to avoid the proceedings under the provisions of Contempt of Court Act, 1971. In other words, it is made clear that any party found to have violated the aforementioned observations and direction of this Court shall become liable for being proceeded and punished under the Contempt of Court Act, 1971 read with Article 215 of the Constitution of India. 13. With the aforementioned observations and
Arguments
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6359 of 2013 ====================================================== Mahadev Pvt. I.T.I., Bijvar Par, Bihar Sharif, Nalanda Through Its Secretary Devendra Kumar S/O Shri Chandeshwar Prasad Yadav Resident Of Village- Bhaluiyatar, P.O- Puraini, P.S- Muffasil, District- Nawada. Versus 1. The Union Of India Through The Secretary Ministryo F Labour, Sharan .... .... Petitioner/s Shakti B Hawan Rafi Marg, New Delhi. 2. The Secretary, National Council For Vocational Training (N.C.V.T) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi. 3. The Directoe General, Employment And Training, Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi. 4. The Regional Director (R.D.A.T), M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata- 700064 5. 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. The State Of Bihar Through The Secretary Labour Resources Department Govt. Of Bihar, Patna. 7. The Secretary, State Council For Vocational Training (S.C.V.T), Government Of Bihar, Department Of Employment And Training Ministry Of Labour Resources New Secretariat, Patna. 8. The Director, Employment And Training, Government Of Bihar, Ministry O Labour Resources, Department Of Employment And Training, New Secretariat, Patna. 9. The Controller Of Examination, Department Of Employment And Training, Government Of B Ihar, I.T.I. Digha Campus, Digha Ghat, Patna. 10. S.P.S. Private, I.T.I. Through Its Secretary/ Director, Neem Chauk Chausima, Post- Lakhsmanpuri, Hajipur, District- Vaishali. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6528 of 2013 ====================================================== Ansh Pvt. I.T.I., Soh Sarai, Bhar Sharf, Nalanda Through Its Secretary Alkh Niranjan Prasad S/O Late Dahu Mahto R/O Village- Sodhi, P.O.+P.S.-Soh Sarai, District- Nalanda Versus 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi .... .... Petitioner/s Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 5 Marg, New Delhi 3. The Director General, Employment And Training Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.) M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata - 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department, Govt. Of Bihar, Patna 7. The Secretary State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Trainnig, Ministry Of Labour Resources, New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bhar Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur, District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15403 of 2012 ====================================================== 1. R. Dayal Pvt. Iti, Naika More Jagdishpur Bhojpur Through Its Director- Cum- Secretary Vikash Kumar S/O Kameshwar Singh Resident Of Village & P.O- Pratappur, P.S- Sandesh, District- Bhojpur. 2. Sawami Vivekand Pvt. I.T.I. Fatehpur Sabaun, Bhagalpur Through Its Secretary Rajesh Kumar Rajnaj S/O Sita Ram Prasad Residnet Of Chandra Lock Complex, Ghanta Ghar District- Bhagalpur. 3. Gita Ptv. I.T.I. Pyarpur Tarapur, Munger Through Its Director Jitendra Kumar S/O Sri Gita Prasad Singh Resident Of Pyarpur, P.O- Bhagalpur, P.S- Tarapur, District- Munger. 4. Madhu Pvt. I.T.I. Basdeopur, Munger, Through Its Principal S/O Late Jagdish Yadav Resident Of Village/ Mohalla & P.O- Basedeopur,D Istrict- Munger. 5. Nascent Engineering Ptv. I.T.I. Kutumganj Beounsi Road, Bhagalpur Through Its Director Rajesh Kumar Ranjan S/O Sita Ram Prasad Resident Of Chandra Lock Complex Ghanta Ghar, District- Bhagalpur. 6. Pinak Pvt. I.T.I. Ghoshwari Bakhtiyarpur, Patna, Through Its Director Prafulla Kumar Azad S/O Sri Prabhat Kumar Azad Resident Of Ghoshwari, P.S- Bakhtiyarpur, District- Patna. 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam Versus Shakti Bhawan Rafi Marg, New Delhi. 2. The Secretary, National Council For Vocational Training (N.C.V.T) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi .... .... Petitioner/s Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 6 Marg, New Delhi. 3. The Director General, Employment And Training Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi. 4. The Regional Director (R.D.A.T) M.S.O, Building First Floor, D.F. Block Sector-1, Salt Lake City, Kolkata. 5. The Director Training, R.D.A.T. (E.R.) M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata. 6. The State Of Bihar Through The Secretary Labour Resources Department Govt. Of Bihar, Patna. 7. 7. The Secretary, State Council For Vocational Training (S.C.V.T), Government Of Bihar, Department Of Employment & Training, Ministry Of Labour Resources New Secretariat, Patna. 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment & Training, New Secretariat, Patna. 9. The Controller Of Examination, Department Of Employment And Training Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna. 10. S.P.S. Private, I.T.I. Through Its Secretary/ Director Neem Chauk Chausima, Post Lakhmsanpuri, Hajipur, District- Vaishali. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15709 of 2012 ====================================================== 1. Maa Tara Private I.T.I., Dhodhi Anandkar Muzaffarpur, Through Its Secretary Rinki Kumari Wife Of Binay Kumar Resident Of Village + P.O.- Khabra, P.S. Sadar District- Muzaffarpur 2. Chetan Sadhan Private I.T.I. Turki, Muzaffarpur Through Its Secretary Amitabh Rajan Son Of Late Dr. R.N. Thakur Resident Of Village- Narayanpur P.S.- Kanti District- Muzaffarpur 3. Baba Vishwakarma Private I.T.I. Turki, Muzaffarpur, Through Its Secretary Ajeet Kumar Sah Son Of Sri Mohan Sah Resident Of Village- Barkurba P.S.- Kurhani, District- Muzaffarpur 4. Raj Private I.T.I. Radhanagar, Musahari, Muzaffarpur Through Its Director Bharat Bhushan Sinha Son Of Sri Paras Nath Prasad Resident Of Mohalla- Bam Police Lane Kalyani P.S. Town District- Muzaffarpur Versus 1. The Union Of India Through The Secretary Ministry Of Labour, .... .... Petitioner/s Sharam Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata- 700064 5. 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 Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 7 6. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment & Training, Ministry Of Labour Resources, New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment & Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/ Director, Neem Chak Chausima, Post Lakhsmanpuri, Hajipur, District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16141 of 2012 ====================================================== 1. Vishal Private I.T.I., Raiser Munger, through its Director Subhas Chaudhary son of late Singhswar Chaudhary, resident of Mohalla Refugee Colony, P.S. Kotwali, P.O. Munger, Dist. Munger. 2. Vivekanand Technical Training College Pvt. I.T.I. Kendui Gaya through its Director Rajesh Kumar son of late Savendra Pandey, resident of Mohalla Budha Vihar Colony Bhaluhai Kharkhuraf, P.S. Delha, Dist. Gaya. 3. Puja Pallawans Pvt. I.T.I. Bihar Shariff, Nalanda through its Secretary Rupesh Kumar, son of Shyam Kishore Singh, resident of Village Koeyaon, P.O. & P.S. Koeyaon, Dist. Nawada. 4. Pandit Brahamdeo Pvt. I.T.I. Janki Nagar Belwayan P.S. Dinara Dist. Rohtas through its Secretary Arvind Kumar Pandey son of Sri Sadhu Charan Pandey, resident of Village+P.O. Belwayan, P.S. Dinara Dist. Rohtas. 5. Satyadeo Prasad Gupta Pvt. I.T.I. Bazar Samiti Road Danapur Patna through its Chairman Ravi Shekhar son of Sri Satyadeo Prasad Gupta, resident of Shanti Nagar, Khagri Road, P.S. Danapur, P.O. Digha, Dist. Patna. 6. Krishna Pvt. I.T.I. Dhandwa Road Bodh Gaya, Gaya through its Chairman Chandra Dhekhar son of Sri Krishnadeo Sharma resident of Madar Colony Road No.2, P.S. Medical, P.O. Chandauti, Dist. Gaya. 7. Bhaskar Pvt. I.T.I. Raghunathpur Turkaulia East Champaran through its Secretary cum Director Abhishek Kumar Tiwari son of Sri Braj Kishore Tiwari, resident of Village Laukahan P.O. Paharia P.S. Paharpur, Dist. East Champaran. 8. Syed Allauddin Pvt. I.T.I. Makhdoompur, Jehanabad through its Secretary Syed Md. Nasir son of Syed late Allauddin resident of Mohalla Tarni Prasad Lane, P.O. Jhaujang P.S. Khajkala Patna City, Dist. Patna. 9. Reshma Pvt. I.T.I., Chauka Fatehpur Sabour Bhagalpur through its Secretary Sunil Kumar Sah, son of late Baldeo Prasad Sah, resident of Village Chauka Fatehpur Sabaur, P.O. Sabour, P.S. Zeromile, Dist. Bhagalpur. 10. Laxmi Pvt. I.T.I. Minapur, Hajipur Vaishali through its Secretary Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 8 Kumar Keshava Singh resident of At Minapur, P.O. Hajipur, P.S. Town Hajipur, Dist. Vaishali. .... .... Petitioner/s Versus 1. The Union Of India through the Secretary Ministry of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi. 2. The Secretary, National Council for Vocational Training (N.C.V.T.) Government of India, Ministry of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi. 3. The Director General, Employment and Training, Government of India, Ministry of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi. 4. The Regional Director (R.D.A.T.), Regional Directorat Apprenticeship Training, M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064. 5. The Director Training, R.D.A.T. Regional Directorate Apprenticeship Training (E.R.), M.S.O. Building, Eastern Region, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064. 6. The State of Bihar through the Secretary Labour Resource Department, Gov. of Bihar, Patna. 7. The Secretary, State Council for Vocational Training (S.C.V.T.), Government of Bihar, Department of Employment & Training, Ministry of Labour Resources New Secretariat, Patna. 8. The Director, Employment and Training, Government of Bihar, Ministry of Labour Resources, Department of Employment & Training, New Secretariat, Patna. 9. The Controller of Examination, Department of Employment and Training, Government of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna. 10. S.P.S. Private I.T.I., through its Secretary/Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur Dist. Vaishali. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5892 of 2013 ====================================================== Ambey Pvt. I.T.I., Dhobha Bazar, Arrah, Bhojpur Through Its Managing Director, Kunwar Bahadur Singh, Son Of Shri Ram Talika Singh Resident Of Village + P.O.- Danwar, P.S.- Karakat, District- Rohtas (Sasaram) 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam Versus .... .... Petitioner/s Shakti Bhawan, Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector- 1, Salt Lake City, Kolkata- 700064 5. 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 Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 9 6. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resourses New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6033 of 2013 ====================================================== Nizamul Haque Pvt. I.T.I., Hakeempura, Dumraon, Buxar Through Its Secretary Md. Anzarul Haque Son Of Late Nizamul Haque Resident Of Village - Baghpur, P.O. Sadisopur, P.S. Sadisopur, District - Patna 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam Versus .... .... Petitioner/s Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training ( N.C.V.T. ) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. 4. The Regional Director ( R.D.A.T. ), M.S.O. Building, First Floor, D.F. Block, Sector - 1, Salt Lake City, Kolkata - 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training ( S.C.V.T. ), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resources New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Goverment Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary / Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District - Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6059 of 2013 Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 10 ====================================================== Maa Gayatri Pvt. I.T.I., Kurji, Patna- 10 Through Its Chairman Sipu Kumar Son Of Babua Nand Singh R/O Village - Gopalpur, P.O. Gopalpur, P.S. Maner, District - Patna Versus 1. The Union Of India Through The Secretary Ministry Of Labour, .... .... Petitioner/s Sharam Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training ( N.C.V.T. ) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director ( R.D.A.T. ), M.S.O. Building, First Floor, D.F. Block, Sector - 1, Salt Lake City, Kolkata - 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training ( S.C.V.T. ), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resources New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary / Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District - Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6123 of 2013 ====================================================== 1. Lakshmi Narayan Pvt. I.T.I., Kurtha, Tehta, Jahanabad Through Its Secretary Sanjay Kumar, Son Of Dr. Chandrika Prasad Yadav Resident Of Court Area, Horril Ganj, P.S.- Jahanabad, District- Jahanabad 2. Imprail Institute Pf Technical Education, Gola Road, Danapur, Patna Through Its Secretary Chandra Prakash, Son Of Dr. Chandrika Prasad Yadav Resident Of 101, Patna Dental Hospital Buinding, Exhibition Road Choek, P.S.- Gandhi Maidan, Patna Versus 1. The Union Of India Through The Secretary Ministry Of Labour, Sharam Shakti Bhawan Rafi Marg, New Delhi 2. The Secretary, National Council For Vocational Training (N.C.V.T.) Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi .... .... Petitioner/s Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 11 Marg, New Delhi 3. The Director General, Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.), M.S.O. Building, First Floor, D.F. Block, Sector- 1, Salt Lake City, Kolkata- 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department Govt. Of Bihar, Patna 7. The Secretary, State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resourses New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar, Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination, Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director, Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6193 of 2013 ====================================================== Suryamani Pvt. I.T.I., Sandesh, Arah, Bhojpur Through Its Managing Director, Ramesh Kumar Pandey S/O Tarkeshwar Pandey R/O Villge- Pandura, P.O.- Pandura Rampur, P.S.- Sandesh, District- Bhojpur (Ara) Versus 1. The Union Of India Through The Secretary Ministry Of Labour, .... .... Petitioner/s Sharam Shakti Bhawan, Rafi Marg, New Delhi 2. The Secretary National Council For Vocational Training (N.C.V.T.), Governmentof India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General Employment And Training, Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.) M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata- 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department, Govt. Of Bihar, Patna 7. The Secretary State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resources, New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar Ministry Of Labour Resources, Department Of Employment And Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 12 Training, New Secretariat, Patna 9. The Controller Of Examination Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director Neem Chauk Chausima, Post Lakhsmanpuri, Hajipur, District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.6472 of 2013 ====================================================== Kedar Mishra Pvt. I.T.I., Suara, Dehri On-Sone, Rohtas Through Its Secretary, Kamlesh Mishra S/O Kedar Mishra R/O Dehri On-Sone, P.O.+P.S.- Dehri On-Sone, District- Rohtas Versus 1. The Union Of India Through The Secretary Ministry Of Labour, .... .... Petitioner/s Sharam Shakti Bhawan, Rafi Marg, New Delhi 2. The Secretary National Council For Vocational Training (N.C.V.T.), Government Of India, Ministry Of Labour, Shramshakti Bhawan, Rafi Marg, New Delhi 3. The Director General, Employment And Training Government Of India, Ministry Of Labour, Sharam Shakti Bhawan, Rafi Marg, New Delhi 4. The Regional Director (R.D.A.T.) M.S.O. Building, First Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata - 700064 5. 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. The State Of Bihar Through The Secretary Labour Resource Department, Govt. Of Bihar, Patna 7. The Secretary State Council For Vocational Training (S.C.V.T.), Government Of Bihar, Department Of Employment And Training, Ministry Of Labour Resources, New Secretariat, Patna 8. The Director, Employment And Training, Government Of Bihar Ministry Of Labour Resources, Department Of Employment And Training, New Secretariat, Patna 9. The Controller Of Examination Department Of Employment And Training, Government Of Bihar, I.T.I. Digha Campus, Digha Ghat, Patna 10. S.P.S. Private I.T.I. Through Its Secretary/Director Neem Chauk Chausima, Post Lakshmanpuri, Hajipur, District- Vaishali .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15161 of 2012 ====================================================== 1. Eklauva, Private Institute, Growth Centre, Aurangabad, Through Its Director Namely Sri Dinesh Kumar S/O Basant Lal R/O Nasriganj, P.S.- Digha, District-Patna Industrial Training Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 13 2. Kishan, Private Industrial Training Institute, Ektanagar, Anaith, Ara, District-Bhojpur Through Its Member Namely Sri Rishikesh Tiwary S/O Sri Sidheshwar Tiwary R/O Ektanagar, Anaith, Ara, District- Bhojpur 3. Sukhdeo Institute Of Technology, Private Industrial Training Institute, Kurtha, Arwal, Through Its Secretary Sri Ram Narayan Prasad S/O S.N. Prasad R/O Village- Kurtha, P.S.+District- Arwal 4. Urmila Hitaishi, Private Industrial Training Institute, Through Its Secretary Sri Sunil Kumar S/O Shyam Bihari Singh R/O Village- Kasap, Udwantnagar, P.S.-Udwantnagar, District- Bhojpur 5. Sri Sant, Private Industrial Training Institute, Tehta, Through Its Secretary Shashi Sagar S/O Saryug Prasad R/O Tehta, P.S.- Tehta, District- Jehanabad 6. Rajgir, Private Institute, Chhabilapur, Nalanda,Bihar, Through Its Director Sri Pramod Kumar Singh S/O Ishwar Prasad Singh R/O Chhabilapur, P.S.+District- Nalanda Industrial Training 7. Ram Bhawan, Private Industrial Training Institute, Purani Bazar, Arwal, Through Its Director, Sri Mithilesh Kumar S/O R.K. Singh R/O Purani Bazar, District- Arwal 8. Sri Chandradeo Prasad Singh, Private Industrial Training Institute, Nehalpur Road, Sakurabad, Jehanabad, Through Its Director, Sri Mahendra Kumar S/O I.D. Singh R/O Nehalpur Road, Sakurabad, District- Jehanabad 9. Parwati, Private Industrial Training Institute, Sabdala, Nasriganj, Rohtas, Through Its Director, Sri Pankaj Kumar S/O Sri S.N. Kumar R/O Sabdala, Nasriganj, District- Rohtas 10. S.D.P., Private Industrial Training Institute, Khushrupur, Patna, Through Its Secretary Sri Shailendra Kumar S/O P.K. Sharan R/O Khushrupur, District-Patna 11. Aman Bihar, Private Industrial Training Institute, Village- Chalisha, P.O.-Jamuk, District- Jehanabad, Through Its Principal/General Secretary Sri Awadhesh Kumar S/O A. Kumar R/O Villge- Chalisha, P.O.- Jamuk, District- Jehanabad 12. Anshu Mali, Private Industrial Training Institute Dharupur, Dehri Road, Rohtas, Through Its Managing Director, Sri Lal Bihari Singh S/O M.P. Singh R/O Dharupur, Dehri Road, District- Rohtas 13. Maa Shanti, Private Industrial Training Institute, Biharsharif, Nalanda, Through Its President Sri Alok Kumar S/O Binod Kumar R/O Biharsharif, P.S.+District- Nalanda 14. Ram Kumari Devi, Private Industrial Training Institute Bhagwanpur, Vaishali, Through Its Director, Sri Sonu Kumar, S/O Sarandhar Sharma, R/O Bhagwanpur, P.S.- Bhagwanpur, District- Vaishali 15. Harkhit Mahto, Private Industrial Training Institute, Dehri Garh, Nalanda, Through Its Principal, Sri Ashok Kumar Singh R/O Dehri Garh, P.O.+P.S.- Nalanda Versus 1. The State Of Bihar Through The Principal Secretary Labour Resources Department, Government Of Bihar, Patna 2. The Director, Employment & Training, Bihar, Patna 3. The Union Of India Through The Secretary Ministry Of Labour & .... .... Petitioner/s Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 14 Employment, Shram Sakti Bhawan, New Delhi 4. The Director General Of Training-Cum-Member Secretary National Council Of Vocational Training, Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi 5. The Director, Training R.D.A.T. (E.R.) S.M.O. Building, 1st Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064 6. The Deputy Director Of Training Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1743 of 2013 ====================================================== 1. Private Mahatma Budh Industrial Training Institute, Imadpur, Rahui Road, Biharsharif, District- Nalanda- Through Its Secretary Aklesh Kumar S/O Shivnandan Prasad R/O Village- Jagdishpur, P.O.- Bhupur, P.S.-Bakhtiyarpur, District- Patna 2. Sitaram Private Institute, Ambedkar Road, Marhowrag, Saran Through Its Secretary Namely Kumar Niraj S/O Om Prakash Gupta R/O Ambedkar Road, Marhowra, District- Saran Industrial Training 3. Professional Career Institute (I.T.I.), Madhopur, P.O.- Susta, Muzaffarpur Through Its Chairman Md. Shamim Ahmad S/O Sri Shami Ahmad R/O Village- Madhopur, P.O.- Susta, P.S.- Aniyari, District- Muzaffarpur 4. National Private Industrial Training Institute, Rajapatti, Baikunthpur, Gopalganj, Through Its Director Namely Sunil Kumar Singh S/O Bachcha Prasad Singh R/O Village- Rajapatti Kothi, Baikunthpur, District- Gopalganj Versus 1. The State Of Bihar Through The Principal Secretary Labour Resources Department, Government Of Bihar, Patna 2. The Director, Employment & Training, Bihar, Patna 3. The Union Of India Through The Secretary Ministry Of Labour & .... .... Petitioner/s Employment, Shram Sakti Bhawan, New Delhi 4. The Director General Of Training-Cum-Member Secretary National Council Of Vocational Training, Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi 5. The Director, Training R.D.A.T. (E.R.) S.M.O. Building, 1st Floor, D.F. Block, Sector-1, Salt Lake City, Kolkata-700064 6. The Deputy Director Of Training Directorate General Of Employment & Training, Shram Sakti Bhawan, New Delhi .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Md. Anis Akhtar, Adv. For the NCVT : Mr. S.N. Pathak For the State : Mr. Manoj Kumar Ambastha, GP-14 Mr. Subodh Kumar, AC to GP-14 Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 4 17-05-2013 Heard learned counsel for the parties. 2. The prayer of the petitioners in all these writ applications is for issuance of a direction for grant of accreditation/recognition to them and in the process also for quashing the order dated 19.9.2012 passed by the Director of Training, Directorate General Employment & Training. In fact, it would be useful to quote payer made in one of those writ applications, inasmuch as, same prayer has been made in all of them. The prayer made in the first case CWJC No. 3115 of 2013 reads as follows:- “1(i) for issuance of an appropriate writ/writs, direction/directions, order/orders quashing the order dated 19.09.2012 as contained in letter No. DGET-6/court/4(4)/2012-TC Desk issued under signature of the Director of Training, Directorate General of Employment and Training (hereinafter referred to DGET in short) by which claim of the petitioner alongwith others for holding inspection of its institution and to grant recognition in terms of its institution and to grant recognition in terms of old terms and condition which was prevalent at the time of advertisement and submission of application form in prescribed Performa i.e. Annexure-III (old) was said have been considered pursuant to the order of this Hon’ble Court passed in C.W.J.C. No. 13177 of 2012 and C.W.J.C. No. Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 16 14099 of 2012 and rejected by the said Respondent in a most mechanical manner and against the spirit of the order passed by this Hon’ble Court. (ii) For issuance of a direction to the Respondent Nation Council of Vocational Training (hereinafter referred to as NCVT for short) to hold inspection of the petitioner institution as per old norms of Annexure-III and grant provisional affiliation/recognition for the session August 2012- 14 with permission for admitting students for the session 2012-14 of the petitioner institution in view of the recommendation made by the duly constituted team of State of Bihar in its inspection report as the petitioner substantially fulfills the terms and conditions laid down in Annexure-III (old), as a necessary consequence of quashing of the aforesaid order dated 19.09.2012.” 3. Learned counsels for the petitioner appearing in these batch cases have made two fold submissions. Their primal attack on the impugned order is on the basis that when the State Government had issued an advertisement on 17.12.2011 fixing the cut-off date of 31.12.2011 for submission of application from amongst the intending institutions/entrepreneurs for establishment of ITI and all these petitioners with others, in all 522 of them, had filed their application, the National Council for Vocational Training (in short ‘NCVT’) ought to have not distinguished their cases with the case of one S.P.S. Private I.T.I. Neem Chauk Chausima, Post Patna High Court CWJC No.5873 of 2013 (4) dt.17-05-2013 17 Lakhsmanpur, Hajipur, Vaishali who was granted recognition under the order of the NCVT on 28.6.2012. 4. They have also submitted that as a matter of fact, in some of the cases, the State Government has already held inspection and having found the concerned institution to be fit for grant of recognition had also made recommendation to the NCVT but the NCVT did not take any decision and when an observation
Decision
directions, all these writ applications are disposed of. Rishi/- (Mihir Kumar Jha, J)