The Director of Employment & Training v. I.C.W.S. Industrial Training Institute & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.07.2010CORAMTHE HONOURABLE MR.M.Y.EQBAL, CHIEF JUSTICEand THE HONOURABLE MR. JUSTICE D.MURUGESANW.A.Nos.1163 and 1222 of 2008The Director of Employment & Training, Guindy, Chennai... Appellant in WA.1163/2008 and 2nd respondent in WA.1222/2008Vs1. I.C.W.S. Industrial Training Institute, Thirunavalur, rep. By its Director, Ulundurpet Taluk, Villupuram District... 1st respondent in both WAs.2. The Director General, Directorate of Employment & Training, Government of India, Ministry of Labour & Employment, Sharam Shakthi Bavan, New Delhi... 2nd respondent in WA.1163/2008 and Appellant in WA.1222/2008Writ Appeals against the order of this Court dated 13.12.2007made in W.P.No.6209 of 2007.Petition under Article 226 of the constitution of India toissue a writ of mandamus directing the respondents to issue theNatinal Trade Certificate for the 1992-94,1993-1995, 1994-1996 and1995-1997 batch of Trainees who undertook their exams in july 1997and the other supplementary exams of the 1991-1993 batch in termsof he annexure enclosed to this writ petition for the Trade ofwireman as per the representation dated 23.2.2006 . https://hcservices.ecourts.gov.in/hcservices/ For Appellant inWA.1163/08 and2nd respondent inWA.1222/008: Mr.G.Sankaran, Spl.G.P.For 1st respondent in both WAs.: Mrs.G.Thilagavathi2nd respondent inWA.1163/08 andAppellant in WA.1222/08: Mr.M.Ravindran, Additional Solicitor General, Assisted by Mr.M.Rajasekaran, SCGSC.J U D G M E N TD.MURUGESAN, J.Both the writ appeals raise the question as to whethercandidates admitted in the first respondent Industrial TrainingInstitute during the academic years 1992-94, 1993-1995, 1994-1996and 1995-1997 are entitled to issuance of National TradeCertificates for the course of "Wireman Trade" in respect of whichno affiliation was granted by the National Council for VocationalTraining (in short 'NCVT').2.Appendix XIX of the Training Manual for ITIs and ITCsprovides the procedure for starting New Institutes/Trades. Theprocedure relating to the private institutes, which is relevant tothe issue in question, reads as follows:-"III. Procedure for Starting New Institutes/Trades(a)For Private Institutes.(i)State Director In-charge of the Craftsmen TrainingScheme will notify in the leading newspapers ofthe State to receive particulars in the prescribedproforma (Annexure I) from the agency seekingpermission to start training on the pattern of theCraftsmen Training Scheme from the August sessionof the following year. The last date for thereceipt of the applications will be 31st December.(ii)The State Govt. May charge reasonable fee fromITIs/ITCs seeking affiliation. The revenue socollector may be kept at the disposal of StateDirector as revolving fund to meet the expenditurefor payment of TA/DA to the retired officer https://hcservices.ecourts.gov.in/hcservices/ appointed as representative of DGE&T foraffiliation inspection.(iii)The applications received by the State Directorsafter 31st December will not normally beentertained. However, the applications received upto 10th January of the following year could begiven consideration, if a late of Rs.100/- isdeposited by applicants.(iv)The State Director will scrutinise theapplications and after judging their authenticityand financial position, shall convey provisionalpermission by the end of February to the deservingapplicant only for starting the Institute and askthem to make all necessary arrangement.(v)The Management of the Institute shall make allnecessary arrangements and provide infrastructuralfacilities for the proposed trades and units asper the prescribed norms by the end of June.(v)(a)An institute seeking affiliation has to supplythe information regarding infrastructure andinstructor available to the institute inAnnexure III to the State Director. The stateshall verify the availability of necessaryinfrastructure & availability of instructor atthe institute and if institute is found a fitcase for considering for affiliation to NCVT,may constitute a Standing Committee and get theInstitute inspected by 15th July.•Site plan & building drawing indicating varioussection workshop etc.•The space earmarked for each trade both alreadyaffiliated and proposed for affiliation at theinstitute.(b)Joint Action Plan – State Directors dealing withCraftsman Training Scheme in consultation withcoordinating officers of DGE&T for the region,i.e. Directors of ATIs, RDATs, FTI, CSTARI asthe case may be, shall prepare a Joint ActionPlan for affiliation inspections of ITIs andITCs for the State/UT concerned. A panelrestricted only to the retired class I GazettedTechnical Officer from DGE&T may be nominated asDGE&T representative on the Standing Committeeinspection team. However the TA/DA to theseofficer would be born by the respective StateDirectors.(c)Cut off date: 30th July of every year have beenfixed a cut off date by which the StateDirectorates should identify and intimate the https://hcservices.ecourts.gov.in/hcservices/ number and details of ITIs/ITCs to be consideredfor affiliation during the following academicyear. (vi)The Standing Committee after verifying availableinfrastructural facilities and the arrangementsmade for starting training may recommendaffiliation for the deserving trades/units only,clearly indicating the conditions, if any, intheir recommendations.(vii)The inspection report may be scrutinized inDGE&T, for ascertaining compliance of procedure.The affiliation of the trades/units recommended bythe standing committee shall be considered. Onlythose trades/units which are found out to theprescribed norms shall be recommended by DGE&T andfinal orders conveying grant of affiliation shallbe issued by the Secretary, NCVT after obtainingapproval from the subcommittee of the NCVT dealingwith affiliation.(viii)The time schedule for various activitiesmentioned above, if need arises be altered by theState Directors at their end but the final date ofsubmission of proposal to DGE&T Hqrs by 20th Augustof each year should be adhered to.(ix)Check list for forwarding SCIR/DIRs to DGE&T (HQ)for seeking affiliation at Annexure III B...... "3.The above procedure, in nutshell, contemplates that theState Director In-charge of Craftsmen Training should notifycalling for applications in the prescribed proforma from the agencyseeking permission to start training on the pattern of theCraftsmen Training Scheme from the August session of the followingyear. Annexure I provides the proforma, which requires specificmention of the trades, number of units and the proposed date ofstarting the institution including the staff proposed to beappointed and the accommodation proposed to be provided. The lastdate for the receipt of applications will be 31st December. Theapplications received will be scrutinized by the State Director andon his satisfaction as to the authenticity and financial positionof the applications, he shall convey provisional permission. Themanagement of the institutes should make all necessary arrangementsto provide infrastructural facilities for the proposed trades/unitsand the State Director shall verify the availability of necessaryinfrastructure and availability of instructors at the institute andif he is satisfied with such facilities, he may constitute aStanding Committee and get the institute inspected. The StandingCommittee will ensure the availability of site plan and buildingdrawing indicating various section, workshop, etc. and the space https://hcservices.ecourts.gov.in/hcservices/ earmarked for each trade both already affiliated and proposed foraffiliation. On receipt of the recommendations of the StandingCommittee, the State Director in consultation with the coordinatingofficers, who are incharge of the region, shall prepare the JointAction Plan for affiliation inspection of ITIs and ITCs for theState and Union Territory concerned. A cut-off date was fixed forthe State Director to report to the NCVT as to the details of ITIsand ITCs to be considered for affiliation during the followingacademic year. Thereafter, the report of the Standing Committeewill be scrutinized by the DGE&T for grant of affiliation and onlysuch of those trades/units which are found out to the prescribednorms shall be recommended by the DGE&T and final orders conveyinggrant of affiliation shall be issued by the Secretary, NCVT afterobtaining approval from the subcommittee of NCVT dealing withaffiliation.4.Even while the State Director seeks permanent affiliation byforwarding the inspection report to the Secretary, NCVT, New Delhi,a provision for grant of permission to the management to admit thecandidates/ trainees is also made under the Training Manual and thesame reads as follows:-"The State Director may seek permanent affiliation byforwarding the inspection report (Annexure III) to theSecretary, NCVT, New Delhi. The State Director need notwait for any instruction in this matter from Secretary,NCVT. He may grant permission to the management of theInstitute to admit trainees in the trades/units whichhave been recommended for permanent affiliation by theStanding Committee. It should however be made clear thatin case permanent affiliation is not granted, final tradetest and certification would be responsibility of therespective SCVT."As we are concerned about the candidates of the additional unit forwireman trade course in the first respondent institute, the aboveinstructions are relevant. The grant of affiliation, be itprovisional or permanent, shall be governed by the Training Manualissued by the NCVT and such instructions are binding not only onthe institutes and the candidates, who are admitted in thoseinstitutes, but also on the State Director and more particularly onthe NCVT as well. In terms of sub-clause (iii), applicationsshould be filed before the State Director on or before 31st Decemberand no application will be entertained if it is filed after thatdate. By 30th July of every year, the State Director shouldidentify and intimate the number and details of ITIs and ITCs to beconsidered for affiliation during the following academic year. Onsuch identification, the recommendations of the Standing Committeeshould also be intimated to the DGE&T for ascertaining complianceof procedure. The DGE&T shall recommend to the Secretary, NCVT for https://hcservices.ecourts.gov.in/hcservices/ obtaining the approval from the Subcommittee for affiliation.Though no prescribed time is mentioned for the Secretary to NCVT toconsider and pass orders on the application for affiliation, in thewake of clause v(c) fixing a cut off date as 30th July of every yearfor the State Director to send the recommendation for affiliationfor the following year, the Secretary to NCVT has to necessarilydispose of that application even before the commencement of thenext academic year. This schedule is to be strictly followed.That apart, by the above instructions, even an unit which has beenprovisionally affiliated by the State Director may be permitted toadmit candidates/trainees in the trades/units which have beenrecommended for permanent affiliation to the Secretary, NCVT, NewDelhi. The power of the State Director to grant permission is withan absolute condition that in case permanent affiliation is notgranted, final trade test and certification would be theresponsibility of the respective SCVT, viz., State Council forVocational Training. In other words, by virtue of the provisionalaffiliation granted by the State Director and the consequentialpermission to admit the trainees pending permanent affiliation, noright is conferred on the trainees who underwent the trainingpursuant to the permission granted by the State Director to seekfor trade certificate from the NCVT, in the absence of affiliation.5.Coming to the facts of the case on hand, the firstrespondent-institute, viz., I.C.W.S. Industrial Training Institutewas established in the year 1987 for imparting certaintrades/courses of study. In the year 1988, an application to thesecond respondent was made for grant of affiliation and permissionto impart the courses of study, viz., Mechanic Motor Vehicle – 1 +1 units, Fitter – 2 + 2 units and Cutting and Tailoring – 1 unit.After appropriate inspection, the second respondent grantedpermission for admission of trainees to the above said courses,pursuant to which, trainees were admitted and they were alsoallowed to take up their exams, the results were also published andultimately, they were issued with the Provisional National TradeCertificate by the second respondent and consequently, NationalTrade Certificate was also issued to them. 6.During the year 1991, the first respondent institute appliedfor grant of affiliation to an additional unit for the WiremanTrade course of study, for which also, the second respondent, oninspection, granted permission and also recommended for grant ofaffiliation by the NCVT. On the basis of the said permission, thefirst respondent-institute admitted trainees for the 1991-1992session and the trainees wrote their exams, got their resultspublished and they were also issued with Provisional National TradeCertificates. As the institute was not granted permanentaffiliation for the additional unit in Wireman Trade, the traineeswho underwent the course during the academic years 1992-1994, 1993- https://hcservices.ecourts.gov.in/hcservices/ 1995, 1994-1996 and 1995-1997, were not issued the National TradeCertificates. The institute has also made several representationsand a comprehensive representation dated 23.02.2006 was also madeand since the same was not considered, the institute has approachedthis Court by filing the writ petition seeking for a direction tothe Director General, Directorate of Employment and Training,Government of India, Ministry of Labour and Employment, New Delhi,to issue National Trade Certificates in respect of the trainees whounder took the exams for the course of Wireman Trade during therelevant academic years.7.The institute has mainly contended that for the earlieracademic years, the candidates admitted in the institute werepermitted to write examinations and were also issued with NationalTrade Certificates. Only for the candidates from the year 1992onwards, such certificates were not issued and those candidatesalone were discriminated. The said challenge was found favour withthe first respondent-institute by the learned single Judge andconsequently, the writ petition was allowed with a direction toissue National Trade Certificates, giving rise to the present writappeals.8.The scheme of the training contemplates basically,conferring a power on the State Director to grant provisionalaffiliation, granting permission to such of those institutes whohave been given provisional affiliation, to admit trainees andgranting of permanent affiliation by the NCVT, on satisfying withthe report of the Standing Committee. A clear demarcation is madeas to the entitlement of the candidates for the trade certificates.Such of those candidates who were admitted pursuant to theprovisional affiliation and the permission granted by the StateDirector, will be entitled to issuance of Trade Certificate fromthe State Council for Vocational Training and they are not entitledto seek for a National Trade Certificate from the NCVT. Only suchof those candidates who were admitted on permanent affiliation bythe NCVT are entitled to such a certificate from the NCVT and nototherwise. It is true that students of an unaffiliated institutecannot seek for either Course Completion Certificate orDegree/Diploma certificate, as the case may be, from theaffiliating body (see C.B.S.E. v. P.Sunil Kumar, (1998) 3 Scale525). The NCVT, being the affiliating body for issuance ofNational Trade Certificate, is obligated to issue such acertificate in the event that institute is affiliated to that bodyand more particularly, the trade/course of study, which wasaffiliated.9.The contention of the institute appears to be that for theearlier years, the institute though was not granted permanentaffiliation by the NCVT, the candidates who underwent the training https://hcservices.ecourts.gov.in/hcservices/ in those years, were granted certificates by the NCVT andtherefore, the NCVT cannot refuse issuance of such certificate forthe subsequent academic years. In our opinion, this submissioncannot be accepted. It is the contention of the appellants thatthose certificates were issued but by mistake. Such a mistake oran illegal act committed by certain officials cannot be made thebasis for compelling the Government to issue similar certificatesin other cases, as it would amount to perpetuating the illegality.If some persons derive the benefit illegally, other similarlycircumstances cannot claim the same benefit on the ground ofequality, as that would amount to perpetuating the illegalitythrough judicial process, which the Court cannot do. (Refer 1997(1) SCC 35, Jaipur Development Authority v. Daulat Mal Jain and2009 (13) SCC 635, State of Madhya Pradesh v. Ramesh ChandraBajpai). Therefore, in our opinion, when the instructions arespecific and binding in nature, merely because some of thecandidates, who have undergone the training courses, were issuedwith National Trade Certificates even though the trade/courseunderwent by them was not affiliated, if the direction as soughtfor is granted, it would amount to a direction to the authoritiesto commit the same mistake again, which is impermissible in law.10.One of the objections raised by the appellants is that thefirst respondent-institute had approached the Court with inordinatedelay, inasmuch as the issue pertains to the issuance of NationalTrade Certificate to the candidates who were admitted in the year1991, but the writ petition came to be filed in the year 2007. Thiscontention cannot be accepted, as the writ petition was entertainedand admitted by this Court and was kept pending till it wasdisposed of by the impugned order under appeal dated 13.12.2007.Hence, the writ petition cannot now be dismissed on the ground ofdelay and laches. 11.This takes us to the question as to whether on the givenfacts and circumstances of the case, the candidates of the firstrespondent-institute are entitled to National Trade Certificates.This question came up for consideration before the Division Benchof this Court in W.A.Nos.735 to 737 of 2006 (between The Directorof Employment and Training, Chennai, vs. The Correspondent, IndiraGandhi Industrial Training Institute, Mannargudi and another). Inthe said case, the Division Bench has relied upon the earlierDivision Bench judgment of this Court reported in 1997 (3) L.W.Page 1 (St. Stephens Teacher Training Institute, Velayutha Nagar,Kanyakumari Dist. Rep. By its Manager/Correspondent, V.Thangarajvs. The Director of Government Examinations, Chennai-6 andanother), wherein it has been observed as follows:-"7. Concedingly the application was made within thestipulated period and has not been decided. It is https://hcservices.ecourts.gov.in/hcservices/ categorically discernible from reading of Section 14,that it provided for a deemed recognition i.e., in caseof the institutions which were already recognised beforethe coming into force of the Act, it would continue assuch for six months, during which one is required toapply for recognition till the disposal of theapplication by the Regional Committee if applied withinthe period provided by the Act. Thus it provides astatutorily deemed recognition of the institution duringthe pendency of the application before the RegionalCommittee. It is the recognised principle ofinterpretation of statutes that provision of legislationare to be read in consonance with each other so that theymay be operative in their respective field and will notrender any statutory provision as obsolete. Deemedrecognition has to be given its logical meaning.Consequently in our view the only interpretation which iscomprehensible is, that for the purposes of Section 16the deemed recognition provided by Section 14 shall haveto be taken as recognised institution till it is eitherrefused or any other order passed by the RegionalCommittee. In case interpretatively it is held thatduring the pendency of application, it would be deemed tobe 'refused', it would run contrary to the expressprovisions of Section 14. Protection provided for sixmonths or till the date of the decision of theapplication by the Regional Committee by the proviso toSection 14 would be rendered as obsolete. The studentshaving already studied in a recognised school would beleft high and dry, and this time spent in studies wouldgo waste which cannot be said to be either the object ofthe Act or could be intention of legislation. In ordinarycourse legislature does not denude a person of what onehas already acquired, which is not the object of the Act.The institution as well as recognition is meant for thestudents. It cannot be said that the institution may goon gathering benefits like aid etc., and the students forwhose benefit such benefits are conferred by the State onthe institution would not be there, to reap its fruits.It is incomprehensible. In view of the observations madeabove, the respondents are directed to permit thestudents to take the examination and would continuetreating the petitioner institution as recognised tillthis application for recognition is finally disposed ofby the Regional Committee."Ultimately, the Division Bench by judgment dated 23.04.2009 hasobserved that for the default committed by the officers, who areotherwise obligated to consider the application in time, the https://hcservices.ecourts.gov.in/hcservices/ students should not be affected since they could not be madepermanent by their respective employers for want of National TradeCertificates and accordingly, directed issuance of National TradeCertificates. 12.Coming to the case on hand, as already stated, the firstrespondent-institute had applied for affiliation as early in theyear 1991 and also obtained provisional permission from the StateDirector. In fact, the Standing Committee inspected the instituteand recommended for grant of permanent affiliation as early as on28.8.1991. This was communicated to the Director of Training andSecretary to NCVT by the State Director on 31.12.1991. A furtherreminder has also been sent on 9.9.1993 and as no response wasreceived, further communication was also made by the State Directorto the Director of Training and Secretary to NCVT on 19.6.1997.There has been total failure on the part of the Director ofTraining and Secretary to NCVT in disposing of the applications.It is not as if that the institute did lack of any infrastructuralfacilities and instructors as well. The candidates had beenadmitted on the strength of provisional affiliation granted by theState Director and in fact, those candidates have also been issuedwith Provisional National Trade Certificates. By virtue of thosecertificates, the candidates have also secured employment.13.The procedure for complying with the disposal ofaffiliation application is time bound and in the event suchapplication is made and the Standing Committee also recommends suchan application, it is expected from the National Council forVocational Training to consider and dispose of the application intime, as otherwise the candidates who are admitted on the strengthof the provisional affiliation would be certainly deprived of. Itis seen that the application for affiliation made in the year 1991was considered by the DGE&T only in the year 1997 and the same wasnot recommended. In our view, certainly such an attitude of theofficers who are obligated to dispose of the application in timekeeping the interest of the candidates admitted in the institutecannot be a ground for later on denying the benefit of the courseby the candidates. The candidates, who were admitted, wouldcertainly have legitimate expectation that they would be issuedwith National Trade Certificate. It is in these peculiar facts andcircumstances of the case, equity requires to make the candidatesentitled for National Trade Certificate, particularly when theyhave been issued with a provisional National Trade Certificate andon the strength of such certificate, they were also givenemployment. In this context, we may also refer to the observationsof the Division Bench made in W.A.Nos.735 to 737 of 2006 that thecandidates are not from any effluent background and they had comefrom downtrodden status and they should not be deprived of at thisstage. https://hcservices.ecourts.gov.in/hcservices/

14.For our foregoing conclusion, we confirm the order of thelearned Judge made in W.P.No.6209 of 2007 dated 13.12.2007 anddismiss the writ appeals. No costs. Consequently, connected M.Ps.are also dismissed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar.sraTo1. The Director of Employment & Training, Guindy, Chennai.2. The Director General, Directorate of Employment & Training, Government of India, Ministry of Labour & Employment, Sharam Shakthi Bavan, New Delhi.1 cc to Mr.M.Rajasekaran, Advocate, Sr. 530991 cc to M/s. G.Thilakavathi, Advocate, Sr. 526791 cc to Government Pleader, Sr. 52842 W.A.Nos.1163 and 1222 of 2008KLT (CO)kk 30/7