INDIAN INSTITUTE OF ADVANCE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner - institution seeking a direction to the opp. parties, particularly, opp. party no. 3 to publish the result of All India Trade Test, 2009 in respect of six numbers of students of the petitioner - institution of Electrician Trade, whose results have not beendeclared, within a reasonable time.

(2.) IT is the case of the petitioner that hepetitioner-institution was granted affiliation by the NationalCouncil of Vocational Training (for short, 'the N.C.V.T.') inrespect of four units (2 + 2) of Electrician trade and two units(1 + 1 ) in respect of Fitter trade with effect from the academicsession 2007-08 onwards. On the students being givenadmission in both the Electrician and Fitter trades, thePrincipal of the petitioner - institution submitted registrationproposal along with the registration fees in shape of a demanddraft in respect of the 38 students in Electrician trade and 19students in respect of Fitter trade which was received by theopp. party no. 3 on 15.11.2007. All the aforesaid studentsprosecuted their studies and completed their two years trainingwithin the stipulated period in the academic session 2007-08and 2008-09. The petitioner - institution was asked to producethe original documents for verification on 29.5.2009 and,accordingly, the same was produced in respect of 36 traineesout of 38 trainees in the Electrician trade, since two of themcould not submit the original certificates. During verification bythe opp. party no. 3, the registration proposal in respect of 11trainees could not be traced out in the office of opp. party no.3. Those 11 students are from serial nos. 28 to 38. The petitioner -institution was, therefore, asked to submit the xerox copy of theproposal in respect of those 11 trainees so as to regularize thesame. Though the petitioner - institution produced the xeroxcopy of the registration proposal in respect of those 11 traineeson 30.5.2009, but no registration numbers were allotted tothem for which the petitioner - institution immediately movedthe Secretary, SCTE VT by letter dated 30.5.2009 underAnnexure-10. As the Secretary did not take any action, eventhough the petitioner - institution submitted the xerox copy ofthe registration proposal, the Principal of the petitioner -institution requested the Chairman to intervene in the matterand to issue registration numbers in respect of those 11trainees, whose proposal was not traced out in the office of opp.party no.3. On 10.7.2009, total 36 candidates in Electriciantrade and candidates belonging to other trades were allowed tofill up their forms and they submitted their forms along with thefees in shape of Bank Draft for appearing in the All India TradeTest, 2009. The said forms along with the fees were accepted bythe opp. party no.3. Admit cards were issued in respect of 34trainees in Electrician trade in place of 36, along with Admitcards issued to trainees in other trades on 30.7.2009. One dayafter issuance of the Admit cards, i.e. on 31.7.2009, the All India Trade Test was held and 34 numbers of trainees inElectrician trade along with trainees in Fitter trade and traineesin COPA trade were allowed to appear in the said test. However,out of 34 nos. of trainees, who were issued Admit cards inElectrician trade, 4 of them did not physically appear in theexamination and, therefore, 30 candidates appeared, but theresults of only 24 candidates were published and the results ofsix other candidates, who were allotted with registrationnumbers, were not published. The petitioner - institutionventilated its grievance and requested for publication of theirresults by sending letter dated 16.11.2009 underAnnexure-5 to the Vice Chancellor, SCTE VT, Orissa,Bhubaneswar. As nothing was done, the petitioner - institution,being aggrieved, has preferred the present writ petition forappropriate relief.