✦ High Court of India · 21 Apr 2025

The High Court · 2025

Case Details High Court of India · 21 Apr 2025
Court
High Court of India
Decided
21 Apr 2025
Bench
Not available
Length
1,048 words

its Principal Sri. its Principal Sri. ....PETITIONERS AND 1 . The Director, Employment and Training, State of Telangana, BRKR Bhavan, Hyderabad.

2. The Regional Deputy Director, (APP), Employment and Training, Warangal, at Government lTl Campus (Boys),Warangal.

3. The Principal, Government lTl, Warangal/ the Convener District Selection Committee, Warangal.

4. The National Council for Vocational Training, rep.by its Director General of Employment and Training, Srama Shakti Bhavan, Rafi IVIarg, New Delhi. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass orders particularly one in the nature of writ of l\rlandamus declaring the interference of the respondents 1 to 3 in the admission process in lTl lnstitutes and consequential leading to the Lr.No. B/Examns/AITT July 201b dt- 4.8.2015 of the 1st respondent as arbitrary, illegal, ultra vires and violative of DGET circular No. DGET-9/28I96-Cd dt. 4.1.1997 and consequently direct the respondent authorities to approve the admissions of the petitioners trainees and '.}.:;''. +. ' 1!, issue NCVT Pass Certificates of AITT exams conducted irr -uly 2015 and allow the failed candidates to appear for the arrears in the ensuingl ,1'll lndia Trade Test. l.A.NO:1 OF 2016 (WVMP. NO: 522 0F 20161 Between: '1 . The Director, Emptoyment and Training, State of Telanlle la, BRKR Bhavan, Hyd era bad.

2. The Regional Deputy Director, (APP), Employment and T.aining, Warangal, at Government lTl Campus (Boys),Warangal.

3. The Principat, Government lTl, Warangal/ the Convene' l-)istrict Selection Committee, Warangal. .....PETITIONERS AND '1 . The National Council for Vocational Training, rep.by its; Director General of Employment and Training, Srama Shakti Bhavan, Rafi lVarg, New Delhi. .....RESPONDENTS

2.Lilian lndustrial Training Centre, Mahaboobabad, Rep by its Principal Sri. S.Kumara Swamy Warangal District.

3. Hazrath lndustrial Training Centre, Hanmakonda, Reo by its Principal Sri G.Kumar Hanmakonda, Warangal District. .....RESPON DENTS/PETITIONERS Petition Under Section 1 51 CPC praying that in the cirr;;mstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in WPMP No. 1387 of 201(i in WP No. 1127 of 2016, dated 19.01.2016. l.A.NO:2 OF 2016 (WPMP.NO:13q2 9F 2016) Petition Under Section '1 51 CPC praying that in the cirr:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to issue NCVT Provisiort:r Certificates to the pass outs and allow the failed candidates to appear for the AITT 2016 being conducted by the 4th respondent pending disposal of writ p€)ti1ion. Counsel for the Petitioners : SRI KASA JAGANMOHAN REDDY Counsel for the Respondents : SRI KRISHNA SWAMY, AGP FOR LABOUR The Court made the following ORDER 4 / I THE HONOURABLE SRI JUSTICE E.V. VI'NUGOPAL WRIT PETITION No.1127 OF 2OL6 ORDER: This Writ Petition is filed under Arti,::l1', 226 of the Constitution of India, seeking the following relief: "..,to pass orders particularlg one in the ndture of writ of Md.nddmus declanng the interference of the respondent.lVos. I to 3 in the adtnission process in ITI Institlttes and. consequential leading to the Lr.No, B/Examns/AITT Julg 2O15 dated O4.(t8.2O75 of the 7"t respondent as arbitra4,T illegal ultra uirus and uiolatiae of DGET circular No. DGET9728/96Cd dated 04.06.7997 and consequentlg direct re:;pondent authorities to approae the ad.missions of the petitioners trainees and issue JVCV'I Pass CertiJicates of AITT exq.ms conducted in Julg 2015 o.nd allow the failed candiilates to appear for the q.rrears in the ensui.ng All India Trqde Test,."

2. Heard Sri Kasa Jaganmohan Reddy, lr3i:frred counsel for the petitioner and Sri Krishna Swarnr;, and learned Additional Government Pleader for Labor-rr appearing for respondent Nos.1 to 4. Perused the material available on record. 2

3. A perusal of the record discloses that respondent No.3 passed the order dated 04.08.20 15 Lr.No.B/Examns/AITT July 2015 stating that the trainees, who belongs to 20lO-2O12 batch, were already compieted six (06) attempts and they are not eligible for appearing 2Ol5 session examinations. It is noteworthy that the Directorate General of Employment and Training in his circular No. DGtrT-g128193-CD dated 04.06.1997 dispensed with the appointment of selection committee by the State Governments for admission in ITI as the admissions in the ITIs are to be made purely on merit, based on the marks secured by the candidates in the public examinations based on the minimum qualifrcations prescribed for the respective trade. Wherever there is no public examination at the minimum qualification level, merit is to be made on the marks obtained by the candidates in the written examination conducted by the State Directorate for the purpose. ) )

4. It is pertinent to note that the trainees, who belong to 2O|O-2O12 batches, have already completed 6 attempts and - ' .: .iii:::s at ,.:7 / To 3 they are not eligible for the examinations f<rr the session

2015. Therefore, Considering the peculierr facts and circumstances of the case, at this stage, this ( )ourt does not find any reason to interlere with order dated 04.08.2015 passed by respondent No.3 and the causr, in the writ petition does not survive for adjudication as the prescribed time limit for appearing in the said examination has already elapsed.

5. Accordingly, this writ pctition is ,.lismissed as infructuous. There shall be no order as to cos;tr; As a sequel, miscellaneous petitions p,e'rding, if any, shall stand closed. ,TRUE COPY// S olhl. osmem ALI BAlc SSi}$TANT REGISTRA.R =.===:-= ' sECTtoN oFFtcER LABOUR, High Court for th S ate ,lf Telangana at JAGANMoHAN REDDY, n\{cate toPUCl '1 . Two CCs to GP FOR Hyderabad. [OUT] 2. One CC to SRI KASA 3. Two CD Copies SA LS qr HIGH COURT DATED:21 10412025 ORDER WP.No.1127 ot 2016 .--;-. ' : l:::\.r I AIA /l:..r'.. .1-o ' L' ? 3 'itP ?025 '. ) DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS. GcoR-"" Q,. L--< -4

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