BAJI ROUT INDUSTRIAL TRAINING Vs. DIRECTOR TECHNICAL EDUCATION

JUDGEMENT

(1.) THE petitioner, Baji Rout Industrial Training Centre, Mahisapat, calls in question the order passed by the opposite parties 1 and 2 in Annexure -3 dated 28.7.2000 de -affiliating two units of electrician trade, two units of fitter trade and two units of welder trade and prays for a direction to quash the same.

(2.) BRIEFLY stated facts of the petitioner's case is that the institution, Baji Rout Industrial Training Centre was registered under the Societies Registration act and started functioning since 1993. The institute was imparting training for electrician and fitter trades consisting two years tenure and welder course pertaining to one year tenure in accordance with the norms and standard prescribed by the opposite parties. The institute applied for grant of permanent affiliation for four units of electrician trade, four units of fitter trade and two units of welder trade since it had fulfilled the necessary requirements as prescribed by the opposite party No. 3. The preliminary inspection was conducted by the opposite party No. 1 and affiliation was granted in its favour on the recommendation of opposite party No. 3 by the opposite party No. 5. In view of the need, the petitioner's institution applied for additional units in his application during the year 1995 for one additional unit of welder and on scrutiny and inspection, affiliation was granted w.e.f. August, 1995. In 1996, the petitioner's institution applied for two additional units of fitter and two units of electrician and on proper inspection, when the authorities were satisfied that the petitioners, institution had fulfilled all the conditions, granted two units of fitter and one unit of electrician trade w.e.f. August, 1996. In one unit of electrician and fitter trade, 16 candidates were permitted to take admission whereas in one unit of welder trade, 12 candidates were permitted to take admission. Due to the increase of demand, the petitioner's institution again applied in the year 1998 for electrician trade and that was also granted on proper verification raising strength of the electrician trade to four units. Thus, the institution had four units of electrician trade, six units of fitter trade and two units of welder trade, the copies of the letter granting such affiliation has been annexed as Annexure -1 series. Opposite party No. 3 formulated a guideline "Training Manual for Industrial Training Institute and Centres" laying down different norms and procedure for affiliation of training/centre/trades/units to the National Council for Vocational Training in the Craftsman Training Scheme, a copy of which is annexed as Annexure -2. The petitioner claims that since the year 1993 -94 although on different occasions, the opposite party No. 1 and the committee constituted by it inspected the premises as well as the tools etc. of the petitioner's institution and on their recommendation, the petitioner's institution was granted permanent affiliation in such trades, there was no difficulty till 1998. However, the petitioner's institution received a copy of the letter dated 28.7.2000 wherein it was communicated to the petitioner that on the basis of the report of the Standing Committee, two units of electrician trade, two units in the trade of fitter and two units in the trade of welder are declared to be de -affiliated, consequently allowing only two units of electrician trade, four units of fitter trade and no unit of welder trade in favour of the institution. A copy of the said letter has been annexed as Annexure -3 and that is the bone of contention in the present Writ Petition. According to the petitioner, it had fulfilled all norms prescribed by the Council and as such, there is no reason as to why such trade could be de -affiliated.

(3.) IT is the case of the opposite parties that as per the DGE&T training manual, either on the basis of the inspection report or otherwise when it comes to the notice of the concerned State Directorate that a particular ITI/ITC in the specific trade/unit is either not conducting training as per curriculum and/or is lacking in maintaining the norms/ standards prescribed by NCVT, the State Director is to initiate action and constitute Standing Committee for evaluation of the institute under intimation to him. The Director, Technical Education and Training issued notice to the petitioner's institution in letter dated 6.3.2000 for evaluation of trades and units lacking deficiencies for de -affiliation purposes. The State Directorate constituted Standing Committee for evaluation as per the DGE&T training and manual consisting of the State Director/VT Administrator in -charge of Craftsman Training Scheme, representative of Secretary, NCV&T, two representatives, one from the Department of Industries and the other from the Department of Labour and expert in the relevant field who is to be nominated by the State Director.