SHYSIMOL V Vs. CHIEF SECRETARY GOVERNMENT OF KERALA

JUDGEMENT

(1.) The connected writ petitions are filed by one and the same person for direction to the fourth respondent to issue original National Trade Certificate for the I.T.I. (Electronic Mechanic) course passed by her from the Industrial Training Institute for Women, Kozhikode run by the Kerala Government. Petitioner's case is that, based on Ext.P1 prospectus, she applied for and obtained admission for the I.T.I. (Electronic Mechanic) course in the Industrial Training Institute for Women run by the Kerala Government at Kozhikode. She underwent the course study from August, 1996 to July, 1998 and after passing the National Trade Certificate Examination, obtained Ext. P3 provisional certificate issued by the Government of Kerala wherein it is seen that she has passed the examination with well over 70% marks. Petitioner's case is that in Ext.P1 prospectus and Ext. P3 certificate, the Government of Keralahas stated that the course study undergone by her, namely I.T.I. (Electronic Mechanic) is approved by the National Council for Vocational Training, the fourth respondent in W.P.(C) No. 15983/10 and the final National Trade Certificate will be issued by N.C.V.T. Even though petitioner completed the course study and passed the examination with very good marks and the same is clear from Ext. P3 provisional National Trade Certificate issued to her, the fourth respondent declined to issue original National Trade Certificate because, according to the fourth respondent, the course, namely I.T.I. (Electronic Mechanic) in the Industrial Training Institute run by the Government of Kerala at Kozhikode was approved by the N.C.V.T. vide Ext. R4(a) with effect from 2004. Appellant is in a miserable plight because, based on the statement by the Kerala Government in the prospectus, she joined the course study and passed the same, that too in the examination conducted by the fourth respondent in the national level and in spite of the same, she is declined the final National Trade Certificate after -repassing the examination. Even though State is a party in the writ petitions, they have not chosen to file any counter affidavit stating the circumstances under which the affiliation of the course for the Institute got delayed. Counsel for the petitioner produced Ext. P8 which is the judgment of the Supreme Court on exactly similar facts wherein the NCVT fairly conceded before the Supreme Court that the delay in affiliation of the course should not lead to the students who passed out the examination from the Government I.T.I, to suffer. It is seen that relief is granted by the Supreme Court in Ext. P8. Following the said judgment of the Supreme Court, we have to necessarily grant relief to the petitioner, particularly because, for no fault of hers, she is denied employment in the NPOL in spite of being selected in the selection process only because original National Trade Certificate is not produced. Even though NCVT has produced list of affiliations granted wherein the course studied and examination passed by the petitioner is seen approved from 2004, the same does not contain the date on which the Institute or the State Government applied for affiliation of the course study and the date of inspection or any other particulars. Obviously, if the State Government had applied for affiliation of the course simultaneously with the commencement of the course, then it is the duty of the NCVT to grant affiliation with effect from the date of application if the Institute was found to have infrastructural and instructional facilities. NCVT has no case that the facilities acquired by the Institute is only in 2004 and for the course study imparted to the students prior to the said year the Institute did not have the facilities. It is seen that the State Government through Ext. Pl prospectus published that the Institute has affiliation with the NCVT for the course study undergone by the petitioner. Further, in Ext. P3 certificate, it is clearly stated that the petitioner will be entitled to get the original National Trade Certificate from the NCVT. Admittedly, based on the provisional certificate, namely Ext. P3 produced, the petitioner was allowed to participate in the selection process for appointment in the Defence Research and Development Organisation and petitioner is selected for appointment and all what is required is production of original National Trade Certificate from NCVT in the subject. In view of the above findings, we allow the writ petitions by directing the NCVT (4th respondent) to issue original National Trade Certificate to the petitioner based on Ext. P3 within three weeks from now and on production of the same, the second respondent in W.P.(C) No. 6857/1 1 (NPOL, Thrikkakara) will permit the petitioner to join the service. If issuance of certificate is delayed by the NCVT, there will be direction to the second respondent in W.P.(C) No. 6857/1 1 to permit the petitioner to join provisionally on production of Ext. P3 provisional certificate after three weeks from now.