High Court · 2009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.08.2009CORAMTHE HONOURABLE MR. JUSTICE K. MOHAN RAMandTHE HONOURABLE MR. JUSTICE M. DURAISWAMYW.A.No.801 of 2006R.M.Somasundaram .. Appellant/Petitioner vs 1.The Director General of Employment and Training and Secretary, National Council for Vocational Training, Ministry of Labour, Rafi Marg, Sharam Shakthi Bhavan, New Delhi – 110 001.2.The Director of Employment and Training, Guindy Industrial Estate, Chennai – 32.3.The Regional Joint Director of Employment and Training, Guindy Industrial Estate, Chennai – 32. ... Respondents/RespondentsWrit Appeal filed under Clause 15 of Letters Patent againstorder of Hon'ble Mr.Justice Elipe Dharma Rao made in W.P.No.38340of 2005 dated 06.04.2006. Writ Petition praying to issue a Writ ofMandamus directing the Ist respondent to issue the National TradeCertificate of all India Trade Examination for the students of the1993-1995, 1994-1996 and 1995-1997 batches of electrician trade andfor the students of the 1995-1997 batch of the MechanicalRefrigeration and Air-Conditioning Trade of the Petitioner IndustrialTraining Institute.For Appellant : Mr.T.R.Rajagopalan, Sr. counsel for Mr.T.R.Rajaraman For Respondents : Mr.A.S.Chakravarthy, SCGSC – for – R1 Mr.A.Arumugham, S.G.P.- for R2 & R3 https://hcservices.ecourts.gov.in/hcservices/ J U D G E M E N T(Judgment of the Court was delivered by M. DURAISWAMY,J) The above Writ Appeal is directed against the order of thelearned single Judge made in W.P.No.38340 of 2005 dated 06.04.2006.2. The petitioner in the writ petition is the appellant in theabove writ appeal and the respondents herein are the respondents inthe writ petition. 3. The writ petitioner filed the writ petition No.38340 of2005 for the issuance of a writ of mandamus directing the firstrespondent to issue National Trade Certificates of the All IndiaTrade Examinations for the students of the 1993-1995, 1994-1996and 1995-1997 batches of the Electrician Trade and for the studentsof the 1995-1997 batch of the Mechanical Refrigeration and Air-conditioning Trade of the petitioner Industrial Training Institute.4. The brief case of the petitioner is as follows: (i) The petitioner is the Correspondent of the petitionerIndustrial Training Institute known as Industrial Training Centrefrom the year 1996. The said Centre was started in the year 1993with Electrician Trade for 1993-1995 batch and MechanicalRefrigeration and Air-conditioning Trade in the year 1995 for theyear 1995-1997 batch. There were 12 students in Electrician Tradefor the 1993-1995 batch, 21 students for the 1994-1996 batch and 37students for the 1995-1997 batch. For the Mechanical Refrigerationand Air-conditioning Trade, there were 19 students for the 1995-1997batch. (ii) The Correspondent of the petitioner Centre applied foraffiliation for the above said Trades in Electrical and MechanicalRefrigeration and Air-conditioning Trades to the second respondent.The standing committee consisting of officials belonging to the Stateas well as the Central Government had inspected the premises and bya report dated 24.12.1993, the standing committee had recommended foraffiliation for the 1st unit of Electrician Trade. The 2nd unit of theElectrician trade was recommended by the standing committee foraffiliation by a report dated 9.6.1994. On 9.1.1996, 2 units ofElectrician Trade and 2 units of Mechanical Refrigeration and Air-conditioning Trade were recommended for affiliation by the standingcommittee with effect from 1995. After the inspection of thestanding committee, their reports were sent to the DirectorateGeneral of Employment and Training, Delhi. The 1st unit ofElectrician trade was sent to Directorate General of Employment andTraining on 19.01.1994. The report of the 2nd unit of ElectricianTrade was sent on 8.9.1994 . For the 3rd and 4th units of ElectricianTrades and for the 4 units of Mechanical Refrigeration and Air-Conditioning Trade, the reports were sent on 21.03.1996. Based onthe above recommendations made in the reports of the standing https://hcservices.ecourts.gov.in/hcservices/ committee, the second respondent permitted the students to take theexaminations. All the 89 students of both the Electrician Trade andMechanical Refrigeration and Air-conditioning Trade had passed theexamination in the respective years. The results of the studentswere also declared by the second respondent and the provisional passcertificates have also been issued by the Directorate General ofEmployment and Training, Delhi. The petitioner's institute sentmany representations to the first respondent to issue the NationalTrade Certificates. (iii) The Directorate General of Employment and Training, Delhihas granted permanent affiliation to Electrician Trade and MechanicalRefrigeration and Air-conditioning Trade from 1996 in spite of thefact that the pre-inspection reports related to the years startingfrom 1993 for the various units of the Electrician and MechanicalRefrigeration and Air-conditioning Trades. The minutes of themeeting of the sub-committee of National Commission for vocationaltraining dealing with the affiliation of Industrial TrainingInstitute held on 29.1.1997 at the Directorate General of Employmentand Training Head Quarters, New Delhi, it has been decided that theaffiliations of various Trades can be granted from the date of pre-inspection. This condition has to be applied for all cases upto theyear 1996. The request made in the writ petition falls strictlywithin this category.(iv) According to the petitioner, irreparable loss and mentalagony has been caused to the students concerned, since long afterthey have completed their courses in the Trades of their choice andafter having passed the examinations, they have not been given theNational Trade Certificates. Therefore, the petitioner filed thewrit petition.5. The brief case of the first respondent is as follows:(i) According to the first respondent as per the recordsavailable, the petitioner institute got affiliation to NationalCouncil for Vocational Training (NCVT) for the Trade as forElectrician – 4 units from August 1996, the sub-committee of NCVT,dealing with this affiliation did not recommend for affiliation ofthe 2 units in its meeting held on 17.02.1995 due to differentlocation. The trainees took admission in unaffiliated Trades ofElectrician for the academic session 1993-95 and Mechanic(Refrigeration and Air-conditioning) in the petitioner institute forthe academic year 1995-1997. Therefore, they are eligible to receiveState Council for Vocational Training (SCVT) Certificate but noteligible for NCVT Certificate.(ii) According to the first respondent, the State Director cangrant permission to the management of the institute to admit traineesin the Trades which have been recommended for affiliation by thestanding committee with a clear-cut understanding that in case theaffiliation to Trades sought are not granted, then such traineesadmitted would be trade-tested by State Council for VocationalTraining (SCVT) at State level. https://hcservices.ecourts.gov.in/hcservices/ (iii) In the instant case, Director, Employment and Training,Tamil Nadu, Chennai forwarded Standing Committee Inspection Reportdated 24.12.1993 for grant of affiliation to one unit of TradeElectrician and Departmental Inspector Report dated 09.06.1994 forgrant of affiliation to one additional unit of Trade Electrician inrespect of the petitioner institute. The said reports were put upbefore the sub-committee of National Council for Vocational Trainingdealing with affiliation in its meeting held on 17.02.1995. The subcommittee of NCVT did not grant affiliation of both the units ofTrade Electrician, as this trade was at a different site address andthe same was conveyed to the State Director as well as to theinstitute on 15.03.1995. Subsequently, the Director, Employment andTraining, Tamil Nadu, forwarded Standing Committee InspectionReport dated 09.01.1996 for affiliation to 4 units each of TradeElectrician and Mechanic (Refrigeration and Air-conditioning) inrespect of the petitioner institute. The said reports were put upbefore the sub-committee of National Council for Vocational Trainingon 18.07.1996 and the sub-committee dealing with affiliation grantedaffiliation of 4 units each of Trade Electrician and Mechanic(Refrigeration and Air-conditioning) with effect from and the samewas conveyed to the state Director as well as to the institute on07.08.1996. Based on the clarification given by the State Director,separate infrastructural facilities like land, building, tools andequipment, staff etc. are available in the petitioner institute andthe reports dated 24.12.1993 and 9.6.1994 forwarded by the Directorof Employment and Training, Tamil Nadu have been re-scrutinized andwill be put up to the sub-committee of NCVT dealing with theaffiliation for grant of affiliation of 2 units of TradeElectrician with effect from August 1994 for their consideration andapproval in its ensuing meeting. (iv) As per the norms, the effect of affiliation is decidedkeeping in view the date of inspection of the institute by theinspection committee. If the institute is inspected on or before 31stOctober, then effect of affiliation is granted from the same year andif the institute is inspected in November and December, then theaffiliation is granted from subsequent year. There is no provisionto grant affiliation from the retrospective date. The traineesunder reference were admitted in unaffiliated Trades and therefore,they are not entitled for certificate under NCVT. Therefore, thefirst respondent prayed for dismissal of the writ petition. 6. The brief case of the second respondent is as follows:(i) According to the second respondent, the first respondent hasgranted permanent affiliation for Electrician with effect fromAugust 1996 i.e. the students will be admitted only from August 1996.The petitioner has admitted 12 trainees in August 1993 session and 21trainees in August 1994 and 37 trainees in August 1995 session. ForMechanic (Refrigeration and Air-conditioning) Trade, the firstrespondent has granted permanent affiliation only with effect formAugust 1996 session i.e. the students have been admitted in August1996. Therefore, it is not as per the norms of NCVT. https://hcservices.ecourts.gov.in/hcservices/ (ii) The petitioner institute was inspected by the standingcommittee on 24.12.1993 and recommended the Electrician Trade (1unit). Subsequently, second unit of Electrician Trade was inspectedby the departmental officer on 8.9.1994 and recommended for grant ofaffiliation. The first respondent by letter dated 14.3.1995, rejectedthe affiliation for the reason that the Electrician Trade is at adifferent site. (iii) The petitioner institute was inspected on 9.1.1996 andthe batch of trainees admitted in the year 1995-97 are alone fallunder the above category, since the petitioner institute has notproperly put-forth the real facts to the standing committee. In viewof the earlier Standing Committee Inspection Report dated 24.12.1993and Departmental Inspection Report dated 8.9.1994, affiliation wasnot considered by the first respondent. Therefore, the secondrespondent prayed for dismissal of the writ petition. 7. The learned single Judge dismissed the writ petition on theground of delay, since the prayer for grant of approval for the year1993-1995, 1994-1996, 1995-1997, and the students, who studied in theCollege are not impleaded as parties. Further, the learned Judgedismissed the writ petition on the ground that at the instance ofthe Correspondent, the writ petition cannot be sustained withoutimpleading the students as parties. 8. Aggrieved over the order of the learned single Judge inW.P.No.38340 of 2005, the appellant has filed the above writ appeal. 9. Heard Mr.T.R.Rajagopalan, learned senior counselappearing for the appellant, Mr.A.S.Chakravarthy,learned SeniorCentral Government Standing Counsel appearing for the firstrespondent and Mr.A.Arumugham, learned Special Government Pleaderappearing for the respondents 2 and 3.10. Learned senior counsel appearing for the appellantsubmitted that even though the standing committee had recommendedfor permanent affiliation for the various units of these trades fromtime to time, no reason had been given by the Directorate General ofEmployment and Training, News Delhi or by any other authorityconcerned, as to why the permanent affiliation had been given to theElectrician and Mechanical Refrigeration and Air-conditioning Tradesof the petitioner institute with effect only from August 1996.11. The first respondent has granted permanent affiliationfor Electrician with effect from August 1996. The petitioner hasadmitted 12 trainees in August 1993 session and 21 trainees in August1994 and 37 trainees in August 1995 session. For Mechanic(Refrigeration and Air-conditioning) Trade, the first respondent hasgranted permanent affiliation only with effect form August 1996session and it is not as per the norms of NCVT. The appellantinstitute was inspected by the standing committee on 24.12.1993 andrecommended the Electrician Trade-1 unit. Subsequently, 2nd unit ofElectrician Trade was inspected by the Departmental officer on https://hcservices.ecourts.gov.in/hcservices/

8.9.1994 and recommended for grant of affiliation. The firstrespondent by letter dated 14.3.1995 rejected the affiliation for thereason that the Electrician Trade is at a different site and address.Based on the report of the first respondent, the standing committeeinspection was conducted at new location on 21.9.1995 andsubsequently, standing committee inspected on 9.1.1996 and fourunits for Electrician Trade and four units for Mechanic(Refrigeration and Air-conditioning) were recommended for affiliationfrom 1993-1994, 1995-1996 respectively. By the letter of the firstrespondent dated 10.7.1997, it has been informed that "it was alsodecided that affiliation of Trades may be preponed to the date ofpre-inspection carried out by representatives of the stateDirectorates and without pre-inspection reports, the affiliationcases could not be considered." It is also stated that thestudents in respect of Electrician Trade are eligible to get theSCVT certificates. It could also be seen that in the instant case,the second respondent forwarded the standing committee inspectionreport dated 24.12.1993 for grant of affiliation to one unit ofTrade Electrician and Departmental Inspection Report dated 09.06.1994for grant of affiliation to one additional unit of Trade Electricianin respect of the petitioner institute. The sub-Committee of NCVTdealing with affiliation did not grant affiliation of both the unitsof Trade Electrician, as this trade was at a different site addressand the same was conveyed to the state Director as well as to theinstitute by letter dated 15.03.1995. Subsequently, the secondrespondent forwarded standing committee Inspection report dated9.1.1996 for affiliation to four units each of Trade Electricianand Mechanic (Refrigeration and Air-conditioning) in respect of theappellant institute. Based on the clarification given by the stateDirector, subsequently, separate infrasctructural facilitates likeland, building, tools and equipment, staff etc. were made availablein the appellant institute and the reports dated 24.12.1993 and9.6.1994 have been re-scrutinzed and according to the firstrespondent, the same would be put up to Sub-committee of NCVTdealing with affiliation for grant of affiliation of 2 units ofTrade Electrician with effect from August 1994. But, according tothe learned senior counsel appearing for the appellant, theappellant did not receive the said letter sofar. Though the traineeswere admitted in unaffiliated Trades, they are entitled tocertificate under SCVT at the State level. Based on the reports ofthe standing committee, the second respondent permitted thestudents to take the examinations. All the 89 students of both theElectrician Trade and Mechanical Refrigeration and Air-conditioningTrade had passed the examination in the respective years. Theresults of the students were also declared by the second respondentand the provisional passed certificates have also been issued bythe second respondent. However, the National Trade Certificates,which are to be issued by the Directorate General of Employment andTraining, Delhi have not been issued so far. The students are putto irreparable loss and mental agony. Though they have completedtheir courses in the Trades of their choice and after having passedthe examinations, they have not been given the National TradeCertificates so far. https://hcservices.ecourts.gov.in/hcservices/

12. The learned senior counsel for the appellant submitted thatthe matter in issue is covered by an order in W.P.No.21113 of 2006dated 03.01.2007. The learned counsel for the respondents also notdisputed the said decision, but the contention of the firstrespondent is that the students admitted for the respective tradeswere not granted affiliation by the National Council for VocationalTraining (N.C.V.T.). Hence they are entitled to get the certificateissued by the State Council for Vocational Training only and are notentitled to get the certificate from the first respondent. In thejudgment made in W.P.No.21113 of 2006 dated 3.1.2007, in paragraph 8(c) onwards, it is held as follows:- "(c) As a matter of fact, the practice adopted bythe first respondent in the matter of grant ofaffiliation, conduct of examination and the issue ofCertificates, appear to be very peculiar. As per theTraining Manual for ITIs and ITCs, the first respondentacts as the affiliating body and he conductsexaminations and issues Certificates only through thesecond respondent, who is described as “The StateDirector”. The question papers are dispatched to thesecond respondent who conducts the examination.Ultimately, blank National Trade Certificates are alsodispatched by the first respondent to the secondrespondent, who is empowered to issued thoseCertificates after filling up the blanks. Clause (vii)of the said Training Manual reads as follows:-“The State Director may seek permanent affiliationby forwarding the inspection report (Annexure III) tothe Secretary, NCVT, New Delhi. The State Director neednot wait for any instruction in this matter fromSecretary, NCVT. He may grant permission to themanagement of the Institute to admit trainees in thetrades/units which have been recommended for permanentaffiliation by the Standing Committee. It should howeverbe made clear that in case permanent affiliation is notgranted, final trade test and certification would be theresponsibility of respective SCVT.” The above clause makes it clear that even withoutwaiting for orders of affiliation, the State Directorcan permit the courses to be commenced.(d) The first respondent has also admitted in para-17 of his counter that students can be admitted to thetrades/units, for which a recommendation is made by thesecond respondent, subject to the grant of permanentaffiliation by the first respondent. According to thefirst respondent, if permanent affiliation is eventuallygranted, the first respondent will issue National TradeCertificates (NCVT) and if permanent affiliation isrefused, the second respondent will issue State Trade https://hcservices.ecourts.gov.in/hcservices/ Certificates (SCVT). In this case, the second respondenthas agreed to grant State Trade Certificates (SCVT),thereby indicating that the State Director permitted theadmission of students for the two additional units forthe batch 1995-1997. Ultimately, the first respondenthas also granted permanent affiliation, in June 1997,though with effect from August, 1996.9. Therefore, the following conclusions becomeinevitable, from the sequence of events narrated above,which are not in dispute:-(a) that the petitioner admitted students with thepermission of the State Director, who is empowered togrant such permission;(b) that the students admitted against theadditional units are entitled to Trade Certificatesissued by SCVT; and(c) that affiliation is always granted by NCVT(first respondent), only post facto and hence neitherthe petitioner nor the students can be found fault with.10. In view of the foregoing conclusions, the onlyobjection taken by the first respondent for refusing toissue National Trade Certificates to the 1995-1997 batchof students, is illegal and the writ petition is liableto be allowed."11. Accordingly the writ petition is allowed and therespondents are directed to issue National TradeCertificates for the 1995 batch of Trainees, in thetrades of Electrician and Fitter, who took theexaminations in July 1997 and the supplementaryexaminations thereafter, within a period of three monthsfrom the date of receipt or production of a copy of thisorder, subject to the students being found otherwiseeligible for the grant of the Certificates. "Following the above referred judgment, Mr.Justice N.PaulVasanthakumar allowed batch of writ petitions in W.P.Nos.44489,43551 and 43552 of 2006 and WP.7894 of 2007, dated 21.11.2008. Weare in full agreement with the said judgment. 13. But unfortunately, the aforesaid decision has not beenbrought to the notice of the learned single Judge which has resultedin the dismissal of the writ petition. In the light of the abovedecision of this Court, in an identical matter, the students areentitled to get Trade Certificates from the first respondent.14. For the aforesaid reasons, we are of the considered viewthat the order of the learned single Judge dated 06.04.2006 made inW.P.No.38340 of 2006 is liable to be set-aside and accordingly the https://hcservices.ecourts.gov.in/hcservices/ same is set-aside. The writ appeal is allowed. However, there willbe no order as to costs. Hence, a direction is issued to therespondents to issue National Trade Certificates for the batch oftrainees who appeared for the examination for which permanentaffiliation is granted in the subsequent year. The respondents aredirected to issue the N.C.V.T., certificates within a period ofthree months from the date of receipt of acopy of this judgmentsubject to verification of other details of the respective students. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarrjTo1.The Director General of Employment and Training and Secretary, National Council for Vocational Training, Ministry of Labour, Rafi Marg, Sharam Shakthi Bhavan, New Delhi – 110 001.2.The Director of Employment and Training, Guindy Industrial Estate, Chennai – 32.3.The Regional Joint Director of Employment and Training, Guindy Industrial Estate, Chennai – 32.1 cc To Mr.A.S.Chakravarthy, Advocate, SR.373251 cc To Mr.T.R.Rajaraman, Advocate, SR.369721 cc To The Government Pleader, SR.37052 W.A.No.801 of 2006GV(CO)PMK.14.8.2009.