BRAMHANI INDUSTRIAL TRAINING CENTRE Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Writ petition, the petitioner-institution namely Bramhani Industrial Training Centre at Balughat, Panposh, Rourkela in the district of Sundargarh assails the impugned letter of the Director of Technical Education and Training, Orissa, Cuttack (Opp. party No. 2) dated 27.1.2012 (Annexure-11) and the report of the Standing Committee under Annexure-12 in derecognizing/de-affiliating the trades of the petitioner-institution.

(2.) The facts as narrated in writ application in nut shell is that the petitioner-institution is an old Industrial Training Centre and was granted affiliation in respect of Fitter trade 9(4+4+1) units, Electrician trade 6(3+3) and one unit in Insurance Agent Trade up to 2008. Taking into consideration the local demand at Panposh, Rourkela in the district of Sundargarh the petitioner-institution made necessary application in the prescribed format for enhancement of seats i.e. 8(2+2+4) units in respect of Fitter, trade, 5(1+ 1+3) units in respect of Electrician trade, 2(1 + 1) units in Auto Electrics and (1 + 1) units in respect of Driver-cum-Mechanic trades. As per the Training Manual, a preliminary inspection was made by the Standing Committee constituted by the Director of Technical Education and Training (in short 'DTET') opp. party No. 2. A report was submitted in favour of the petitioner-institution for grant of affiliation in respect of enhancement of the aforesaid trades as well as opening of new trades. After receipt of such preliminary inspection report, the Standing Committee inspected the petitioner-institution on 12.8.2008 and found that all norms of the training manual have been satisfied and recommended for grant of affiliation in respect of enhancement of the existing trades as well as new trades. The said Report of the Standing Committee was placed before the National Council for Vocational Training (in short NCVT), opp. party No. 4, who in turn granted affiliation vide letter dated 24.6.2009 in favour of the petitioner-institution in respect of Fitter trade, Electrician trade, Driver-cum-Mechanic and Auto Electrical and Electronics units. After issuance of the said affiliation in the year 2009 the total strength of petitioner-institution went up to 17 (6+6+5) in respect of Fitter Trade, 11(4+4+3) in respect of Electrician Trade, 2(1 + 1) units in respect of Driver-cum-Mechanic trade, and 2(1 + 1) units in respect of Auto Electrical and Electronics trade apart from one unit so far as Insurance Agent Trade is concerned. In the year 2010, the petitioner institution applied for enhancement of one unit each in respect of Fitter and Electrician Trade and 1 + 1 units in respect of new trades i.e Mechanic diesel Accordingly, a preliminary inspection was made by the Committee constituted by the DTET and necessary recommendation was made by it in favour of the petitioner-institution. After such preliminary inspection was made, the DGET sent a Standing Committee for inspection of the petitioner institution, who also made necessary recommendation for grant of affiliation in respect of additional units of Fitter, Electrician and new units in respect of Mechanical diesel trades on 10.5.2010. The petitioner institution satisfied all the norms as required for grant of additional units of the trades apart from the existing units as per the training manual. While the matter stood thus, the Director Technical Education and Training issued a letter on 4.5.2011 to the petitioner institution to present with the relevant records for verification on 7.5.2011, pursuant to which the Principal of the petitioner institution submitted all the relevant records on 7.5.2011 and documents were verified by the representatives of the Director and the same were found to be correct in all respect. However, another inspection was made on 2.7.2011, as provided under Appendix 12 (paragraph 36(c) and in course of such inspection it was found that the petitioner-institution has satisfied all the norms. In the meantime, the DTET issued a letter to the Principal of the petitioner-institution that the Standing Committee would inspect the petitioner institution on 18.8.2011. After receipt of the said letter, the petitioner-institution, apprehending that the Director, in the quise of inspection may pass adverse orders against it, made a protest letter before the DGET with a request to send a Central Inspection Committee for verification of the petitioner institution. No steps were taken for inspection of the petitioner-institution by the Central Standing Committee pursuant to the request made by the petitioner-institution. However, a Standing Committee inspected the petitioner institution on 18.8.2011 and submitted its report. The petitioner-institution also made protest letter before the Director on 3.9.2011 narrating all the facts after such inspection was made by the Standing Committee on 18.8.2011. The impugned de-recognizing letter was released in net on 27.1.2012 which was obtained by the petitioner-institution.

(3.) Learned counsel for the petitioner submitted that the above narration of the facts clearly reveals that the petitioner institution has satisfied all the norms and conditions to get affiliation in respect of additional and new trades as applied for. However, the de-affiliation of the trades with effect from February 2012 as per the recommendation of the Standing Committee was made due to non-fulfilment of the demand made with mala fide intention of the DTET, which needs interference by this Court.