COMMISSIONER OF EMPLOYMENT AND TRAINING Vs. C BABU

JUDGEMENT

(1.) THE respondents 1 to 16 are the students of the 17th respondent Institute. While the respondents 1 to 10 joined in Mechanic Motor Vehicle trade, the respondents 11 to 16 joined in Refrigeration and Air Conditioning trade in August, 2004. THE students have completed their two years course in July, 2006 an the examinations were announced to be held from 20.7.2006. But, the appellants/authorities did not permit the students to write the examinations stating that the 17th respondent Institute, where the students have studied, did not possess the tools and equipments as per the revised new syllabus. THErefore, the 17th respondent Institute has filed a writ petition in W.P.No.21106 of 2006 and a learned single Judge of this Court, has passed the following order on 6.7.2006:

(2.) PURSUANT to the above directions issued by the learned single Judge, and the consequential instructions issued by the Commissioner, Department of Employment and Training, Guindy, Chennai-32 in his R.C.No.50853/CT.5/2005, dated 12.7.2006, the Regional Joint Director of Training, Coimbatore has formed a Committee with the following members, to conduct departmental inspection for the implementation of revised syllabus for Mechanic (Motor Vehicle) and Mechanic (Refrigeration and Air Conditioning) trades, by his proceedings in Roc.No.7243/Aa.1/2006, dated 13.7.2006: 1. C.Ravichandran, Regional Joint Director (i/c), Coimbatore- Chairman 2. S.Ravibaskar, Deputy Director/Principal, Government ITI, Salem- Member

(3.) K.Justin Jebaraj, Assistant Training Officer - M (MV)- Member 3. On 19.7.2006, the Principal of the Institute has admitted that the trades of Mechanic (Motor Vehicle) and Mechanic (Refrigeration & Air Conditioning) is to be upgraded as per revised syllabus with effect from August 2004 as prescribed by the Director General of Employment and Training. He further went on to add that "Now, I assure that the students who were admitted in August 2004 in the trades Mechanic (Motor Vehicle) and Mechanic (Refrigeration & Air Conditioning) only will be allowed to write All India Trade Test in July 2006. I will not claim for other rights. I assure that I will not claim for the right of declaration of results and for the issue of certificates. Further, I assure that the students as well as I will abide by the action taken by the authorities on the outcome of Departmental Inspection Report for the upgradation of the revised syllabus of the above trades." 4. The Committee constituted for Departmental Inspection has submitted its report dated 9.8.2006 to the Commissioner of Employment and Training (CT.5 Section), Chennai-32, pointing out the defects and deficiencies with regard to '(1) tools and equipment, (2) Electricity, (3) Building/infrastructural facilities and (4) staff'. 5. From the annexures to this report, it is seen that while there is some shortage with regard to some tools and equipments, certain tools and equipments are completely not available. This report of the Departmental Committee has been placed before the members of the Sub Committee of National Council for Vocational Training, dealing with affiliation, in its meeting held on 2.2.2007. Since the Departmental Inspection Committee has not recommended the affiliation of the respondent Institute, the same was not considered by the said Committee.