PADMANABHA INDUSTRIAL TRAINING Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) CHALLENGING the validity of G.O.Ms.No.115 Labour and Employment Training (S1) Department, dated 19.07.2012 as discriminatory and violative of Article 14 of the Constitution of India and also to declare the same as not implementable in the academic year 2012-2013 due to belated issuance of the Government Order, when 50% or more admissions to Industrial Training Institutes for the academic year 2012-2013 has already been completed, the writ petition has been filed by a private Industrial Training Institute. It has also prayed to issue directions to the Government to implement the Government order, after rectification of the defects in the Government Order, from the next academic year.

(2.) ACCORDING to the petitioner, M/s.Shri Padmanabha Industrial Training Institute, Thiruthangal Post, Virudhunagar District, there are 62 Government Industrial Training institutions (ITIs) and 627 recognised private ITIs in the State of Tamil Nadu. 50% of the seats are earmarked as Government quota ie., eight seats and admission has to be made following, merit cum rule of reservation. The remaining seats are filled up by the management. In case of any seat falling vacant in Government quota, after regular admission is over, they would be left as such and that is the usual practice. Due to the increase in the number of engineering colleges in the State of Tamil Nadu which according to the petitioner, has crossed 540, Higher Secondary Students, prefer admission to engineering colleges and in the result, admission in ITIs have come down. In the petitioner institution for the past two years due to inadequate number of students, admission in Fitter trade was not conducted. This year for the trade of Mechanic(Refrigeration & Air Conditioning) only one application has been received so far.

(3.) ACCORDING to the petitioner, an ITI has to satisfy certain conditions, so as to qualify under the scheme and that an eligibility test has to be conducted by the Regional Director of Employment and Training, the second respondent herein, in the case of the petitioner institute. After conducting the evaluation tests, institutions would be included in the list of ITIs eligible to get admission through counselling in the prospectus of the Government ITI, and that private ITIs have to make necessary advertisements of the above fact, at least in two Tamil dailies.