MAHADEV RAMSOCH PVT ITI & ANR. vs DIRECTORATE GENERAL OF TRAINING & ANR.
$~68
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3384/2024
MAHADEV RAMSOCH PVT ITI & ANR. ….. Petitioners
Through: Mr. Amitesh Kumar, Ms. Priti
Kumari and Mr. Mrinal Kishor, Advocates
versus
DIRECTORATE GENERAL OF TRAINING & ANR.
….. Respondents
Through: Mr. Farman Ali, SPC with Ms.
Usha Jamnal and Mr. Krishan Kumar, Advs.
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 14.05.2024
W.P.(C) 3384/2024
1. On 25 April 2023, the petitioners submitted an application to the Directorate General of Training (DGT) for grant of affiliation for four units in the Electrician trade, four units in the Fitter trade, two units in the Sewing Technology trade and two units in the IOT Technician (Smart Healthcare) trade, with effect from the 2023-2024 academic session.
2. As the said application has not been processed, the petitioners have instituted the present writ petition, seeking issuance of a writ of mandamus to the respondent to process and finally decide the petitioners application in a time bound manner.
3. Pursuant to the orders passed on CM 18838/2024 on 3 April 2024, the petitioners were permitted to implead the State Council for Vocational Training, UP as Respondent 2 in the present petition. On the said date, notice was also directed to be issued to Respondent 2.
4. Counter affidavit has been filed by Respondent 1, in which it is pointed out that the petitioners application is pending at the stage of desktop assessment by the State Directorate of Training.
5. Learned Counsel for the parties are ad idem that, as per the procedure that is required to be followed, the State Directorate is required to carry out desktop assessment, following which a joint inspection would be carried out by State Directorate and the DGT together.
6. There is no representation from the State Directorate despite notice having been served on the State Directorate.
7. Mr. Amitesh Kumar has drawn my attention to the order passed by a coordinate Bench of this Court on 2 June 2023 in Tapobhumi Pvt ITI v. Directorate General of Training in WP(C) 8341/2023, which reads thus:
1. The petitioner, vide the instant writ petition prays for following reliefs:-
“a) issue a writ of mandamus or any other suitable writ, order or direction to the Respondent to process and finally decide the application submitted by petitioner institution for grant of affiliation for Additional 8 Units (2+2+4) of Electrician Trade from the academic session 2023-24 in a time bound manner;
and/or
b) pass any such other orders/directions as this Honble Court deems fit and proper in the facts and circumstances of the case.”
2. Learned counsel appearing on behalf of the petitioners states that under the similar circumstances, this court in W.P.(C) 3772/2023, vide order dated 24.03.2023, disposed of the writ petition, directing the respondent therein to expeditiously process the petitioner’s application as per the laid down procedure within a period of sixteen weeks’ from the date of passing of the order. He, therefore, states that this petition can be disposed of with the similar terms except to reduce the time period granted for taking decision.
3. In view of the limited prayer made by the petitioners and keeping in view the direction given in similar matter, this court does not find any reason not to extend the same order in the instant case also.
4. In view of the aforesaid, the instant petition stands disposed of with the following terms:-
(i) Let the application filed by the petitioners be considered in accordance with the applicable procedures by the respondent within a period of four weeks’ from the date of receipt of the copy of the order passed today.
(ii) In case any further information or documents are required from the petitioners, let the same be communicated to the petitioners who will immediately furnish the necessary information/document to the respondent.
(iii) This court has not expressed any opinion on the merits of the claim of the petitioners with respect to its entitlement for the affiliation. The same be decided strictly in accordance with law.
5. Accordingly, the instant petition stands disposed of.
8. Following the said order, the present writ petition is also disposed of in the following terms:
(i) The State Directorate and the DGT are directed to process the petitioners application in accordance with applicable procedure within a period of six weeks from today.
(ii) In case any further information or documents are required from the petitioners, the petitioners would be intimated in that regard and they would, in that event, furnish the requisite documents or information forthwith.
9. This Court has not expressed any opinion on the merits of the petitioners claim, which would be decided in accordance with law.
10. The writ petition stands disposed of in the aforesaid terms, with no orders as to costs.
C.HARI SHANKAR, J
MAY 14, 2024
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