ASIAN PRIVATE ITI vs DIRECTORATE GENERAL OF TRAINING
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 87/2024
ASIAN PRIVATE ITI ….. Petitioner
Through: Mr. Sanjay Sharawat and Mr. Ashok Kumar, Advs.
versus
DIRECTORATE GENERAL OF TRAINING ….. Respondent
Through: Ms. Arunima Dwivedi, CGSC with Mr. Pinky Pawar, Adv. for respondent/UOI.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
ORDER (ORAL)
% 04.01.2024
1. The petitioner Asian Private ITI submitted an application to the Directorate General of Training (DGT) seeking affiliation for two units each in Electrician, Fitter and Draughtsman Civil Trades in premises situated at Jeevan Jyoti Campus (Behind Imperial Cinema), Near Old Roadways Stand, Bareilly, Uttar Pradesh. Affiliation for the said trades was granted by the DGT on 24 August 2012.
2. On 19 February 2020 a further composite application was submitted by the petitioner seeking permission for affiliation of 10 additional units in The Electrician Trade and four units in The Fitter Trade. The application further sought permission to shift the petitioners Industrial Training Institute (ITI) from the premises at Jeevan Jyoti Campus to premises situated at Maheshpur, Atariya, CB Ganj, located in Bareilly itself.
3. The application was processed. A Standing Committee was constituted. The Standing Committee inspected the premises of the petitioner on 24 September 2022. Consequent to inspection, grant of affiliation of two additional units in Electrician Trade was recommended.
4. The recommendation was considered by the DGT in its 9th Standing Committee on Accreditation and Affiliation (SCAA) meeting held between 16 and 19 May 2023. Two defects were noted. The first was the lack of a no objection certificate (NOC) from the State Directorate. The second shortage of the necessary electrical load. The petitioner was directed to rectify these deficiencies and file compliance report with the DGT within 7 days.
5. The petitioner, accordingly applied to the State Directorate for shifting its premises and grant of affiliation for two additional units in the Electrician trade. The State Directorate is stated to have recommended both requests of the petitioner and forwarded and recommended those permissions to DGT.
6. The DGT, in its SCAA meeting held between 28 and 30 August 2023, allowed shifting of the premises as sought by the petitioner. However, no order was passed on the petitioners request for grant of affiliation for two additional units in the Electrician trade.
7. The petitioner submits that even though shifting of the premises was allowed by the DGT, the necessary changes in the address of the petitioner were not reflected on the NCVT-MIS portal of the respondent.
8. The petitioner has in these circumstances, approached this Court by means of the present writ petition seeking a direction to the DGT to (i) grant affiliation to the petitioner for two additional units in the Electrician Trade on the basis of the SCAA inspection report dated 24 September 2022 and (ii) change the address of the petitioner from Jeevan Jyoti Campus (Behind Imperial Cinema) Near Old Roadways Stand, Bareilly, Uttar Pradesh to Maheshpur, Atariya, CB Ganj, Bareilly, Uttar Pradesh on the NCVT-MIS portal.
9. Ms. Arunima Dwivedi, learned Standing Counsel for the respondent submits, on instructions, that, insofar as the second request is concerned, she would communicate with her client and ensure that the needful is done. However, she submits, on instructions, that she cannot make a similar statement regarding the petitioners request for grant of two additional units in the electrician trade. She ensures that the decision on the petitioners request in that regard would be taken expeditiously.
10. In view thereof, the following directions are issued:
(i) The DGT is directed to, within one week, change the address of the petitioner as reflected in the NCVT-MIS portal from Jeevan Jyoti Campus (Behind Imperial Cinema), Near Old Roadways Stand, Bareilly, Uttar Pradesh to Maheshpur, Atariya, CB Ganj, Bareilly, Uttar Pradesh.
(ii) The DGT is additionally directed to take a decision on the petitioners request for grant of affiliation for two additional units in the electrician trade. Needless to say, the DGT would take into account the recommendation made by the SCAA in its meeting held on 24 September 2022 and, if DGT seeks to differ from the said recommendation, cogent reasons in this regard would be provided. Let the decision on the prayer of the additional units also taken within two weeks from today. The decision would be taken in due compliance with the principles of natural justice, and communicated to the petitioner as soon as it is taken.
11. The writ petition is disposed of in the said terms.
C.HARI SHANKAR, J
JANUARY 04, 2024/ssc
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W.P.(C) 87/2024 Page 1 of 2