08.07.2025 1. CWP-14963-2017 (O&M) INDUS PRIVATE ITI AND ORS v. 2. CWP-17445-2017
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 234-4 Decided on :08.07.2025 1. CWP-14963-2017 (O&M) INDUS PRIVATE ITI AND ORS . .Petitioners UNION OF INDIA AND ORS . . . Respondents Versus 2. CWP-17445-2017 (O&M) BHAI GHANAYIA PRIVATE ITI AND ANOTHER .Petitioners UNION OF INDIA AND ORS . . . Respondents Versus 3. CWP-16042-2017 (O&M) LALA LAJPAT RAI MEMORIAL INDUSTRIAL TRAINING CENTER . .Petitioners UNION OF INDIA AND ORS . . . Respondents Versus 4. CWP-16425 -2017 (O&M) VISION INDUSTRIAL TRAINING INSTITUTE . .Petitioners UNION OF INDIA AND ORS . . . Respondents Versus
Legal Reasoning
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. H. S. Bedi, Advocate for the petitioners in CWP No. 14963 of 2017 & CWP No. 16425 of 2017 Mr. L. S. Sidhu, Advocate for the petitioner in CWP-16042-2017 & CWP-17445-2017. Mr. Aseem Aggarwal, Advocate for respondents No. 1 to 3- UOI. (appeared through virtual mode). Mr. Rahul Rampal, Additional Advocate General, Punjab. **** HARSIMRAN SINGH SETHI , J. (Oral) 1. By this common order, all above mentioned four writ petitions CWP-14963-2017 (O&M) and -2- connected cases
Decision
are being disposed of as all the writ petitions involve the same question of law on similar facts. 2. In the present four petitions, the grievance being raised by the petitioners-institutions is that their NCVT MIS Portal should be opened and they should be allowed to upload the details of the trainees enrolled with petitioners-institutions and respondent No. 3 be directed to allot the registration number, without which the trainees will not be able to appear in the examination which is scheduled for 18.07.2017. 3. The prayer raised by the petitioners-institutions on the ground that there was some technical hitch due to which the details of the trainees enrolled with the petitioners-institutions could not be uploaded on the NCVT MIS portal of the respondents so as to inform respondent No. 2 & 3 qua the same. The assertion has been made by the petitioners-institution is that the information with regard to the details of the trainees could not be uploaded on the NCVT MIS-portal, but was conveyed to the respondents for their information and the information with regard to the trainees who were admitted were also brought to the notice of the Department of Technical Education, State of Punjab and therefore, keeping in view the said technical hitch, the trainees admitted in the petitioners-institutions should not suffer any prejudice. 4. While an interim order dated 17.07.2017 was passed by the Co- ordinate Bench , the trainees of the petitioners-institutions were allowed to appear in the examination but the contentions of the petitioner-institution is that respondents No. 2 & 3 have not declared their result so far which is causing prejudice . 5. The reply which has been filed by the State of Punjab States and CWP-14963-2017 (O&M) and -3- connected cases as per representations from petitioners-institution, there was a technical hitch in the portal due to which, the details of the trainees could not be uploaded was informed and certain representations were also made so as to resolve the technical hitch so as to upload the details of the trainees so that the trainees do not suffer at a later stage. 6. It has been further mentioned in the reply filed by the State of Punjab that even the State of Punjab also suffer the problem while uploading the data due to technical hitch on the portal provided by respondents No. 1 & 2, which information was also brought to the notice of respondents No. 1 & 2. 7. The respondents No. 1 and 2 in their reply have been mentioned that the portal was made available for the petitioners to upload the details of the trainees and the details of the trainees are automatically included in the hall ticket generation report and exam roll list of NCVT MIS Portal and there is no manual intervention at any level and the petitioners-institutions have failed to upload the same due to which, in the absence of the data of the trainees, the problem occurred with regard to allowing them to appear in the examination which was scheduled for 18.07.2017. 8. I have heard learned counsel for the parties and have gone through the case file with their able assistance. 9. It may be noticed that the only contention of the petitioners is that due to a technical hitch in the portal, the details of trainee could not be uploaded which fact was brought to the notice of the respondents No. 1 & 2 as well as respondents No. 3 & 4 where the institutions are situated. 10. The State of Punjab has agreed that the contention of the petitioners-institutions accepting that such problems arose which was CWP-14963-2017 (O&M) and -4- connected cases brought to their notice and the same was also conveyed to respondent-UOI and even the State of Punjab also suffered the technical hitch in uploading the certain data. 11. But on the other hand, the Union of India is denying the same but the issue has to be resolved. 12. Keeping in view the different stand taken by the Government of India as well as State of Punjab for uploading the details of the trainees who were suppose to undertake the examination which was scheduled to be held on 18.07.2017, under interim order dated 17.07.2017 passed by Co-ordinate Bench of this Court, the trainees have already appeared in the said examination. 13. Though the concrete finding cannot be recorded whether the petitioner and the State of Punjab is correct or the Union of India is correct with regard to the information uploading the details of the trainees who were admitted with the petitioners-institutions. 14. Under interim order dated 17.07.2017 passed by Co-ordinate Bench of this Court, the trainees who were admitted in the petitioners- institutions at the relevant time, were already allowed to appear in the examination but their result has not been declared so far. 15. Keeping in view the totality of facts and circumstances, so that the trainees do not suffer any loss especially when they have already undertaken the examination under the interim order dated 17.07.2017 passed by Co-ordinate Bench of this Court about eight years ago and are still waiting for the result to be declared, the competent authority who is to declare the result is directed that the examination undertaken by the trainees under interim order dated 17.07.2017 passed by Co-ordinate Bench of this Court CWP-14963-2017 (O&M) and -5- connected cases and required consequent action be taken so that the trainees who have been admitted in the petitioners-institution do not suffer any prejudice on the basis of the result of the said examination. The writ petition is disposed of in the above terms. Pending civil miscellaneous application, if any, stands disposed A photocopy of this order be placed on the file of connected 16. 17. of. 18. case. (HARSIMRAN SINGH SETHI) JUDGE 08.07.2025 Riya Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RIYA 2025.07.15 17:41 I attest to the accuracy and integrity of this document