DIAMOND EDUCATIONAL SOCIETY TARKWARI Vs. DIRECTOR OF TRAINING DIRECTORATE GENERAL OF TRAINING MINISTRY OF SKILL DEVELOPMENT

JUDGEMENT

(1.) This writ petition has been filed by the Petitioners-Educational Society challenging decision of the respondents denying grant of affiliation to it on the ground that the institute has already been de-affiliated as such it will have to apply under new norms with 4 trades with the further prayer that respondents may be directed to inspect the petitioners-Institute as per the old norms as the norms of 2018 are not applicable to the Petitioners-Institute.

(2.) The petitioner No. 1 was registered as society on 24/12/2003. It set up an ITI in the name and style 'Diamond Private Industrial Training Institute', at Dho, Tehsil Bhoranj, District Hamirpur Himachal Pradesh. It was granted affiliation on 28/1/2010. Thereafter the respondents granted one additional unit to the Petitioners-Institute on 18/8/2011. The Petitioners-Institute vide communication dtd. 5/9/2019 addressed to the respondents conveyed its intention to close is mechanic electronic trade. Thereafter Petitioners-Institute submitted online application to the respondents for shifting of Institute from village Dho to village Dharmol on 27/2/2020. Respondents thereafter raised a demand of Rs.10,000.00 on account of existing units in Petitioners-ITI vide order dtd. 29/5/2020. In response to the application dtd. 27/2/2020, the respondents inspected the Petitioners-Institute and pointed out certain deficiencies. On 29/5/2020, the respondents demanded a sum of Rs.10,000.00 on account of existing units in Petitioners-ITI, which was deposited by the petitioners vide demand draft dtd. 30/5/2020. Thereafter on the request of the petitioner on 23/6/2020, the Petitioners-Institute was inspected by the inspection Committee so constituted by the respondents. The inspection Committee again pointed out certain deficiencies and did not recommend the Petitioners-Institute for approval/affiliation. According to the petitioners, it removed all the deficiencies as pointed out by the inspection committee and again applied for carrying out fresh inspection of the building where the institute was proposed to be shifted. The respondents on 3/7/2020 demanded an amount of Rs.12500.00 as inspection fee, which was deposited by he petitioners vide demand draft dtd. 4/7/2020. However, despite repeated requests, respondents did not inspect the Petitioners-Institute. The Petitioners-Institute thereafter on 21/8/2020 again requested the respondents to carry out the inspection. The respondents, vide communication dtd. 11/9/2020 informed the petitioners that the inspection shall be carried out on 14/9/2020. Despite the request of the petitioner to postpone the inspection, the respondents inspected the institute on 14/9/2020 and pointed out certain deficiencies in their inspection report.

(3.) Shri N.S. Chandel, learned Senior Counsel for the petitioners submitted that when the Petitioners-Institute had applied for shifting of the institute to a new location, it had supplied the fresh lease deed of the premises where the Petitioners-Institute intended to shift the institute. On 10/11/2020, the petitioners again received the minutes of the meeting whereby the trade of ITI electrician was de-affiliated and in relation to Electronic Mechanical, the Petitioners-Institute was directed to submit an affidavit. Again on 19/11/2020, the petitioners received a communication from the respondents indicating therein that in the meeting of 11th recommendation committee, the recommendation committee constituted by the Director General of Training had recommended the de-affiliation of the trade of Electrician and had asked the petitioner to submit an affidavit pertaining to other trade, i.e., Electronics Mechanical. It is submitted that petitioners had already surrendered the said trades vide communication dtd. 5/9/2019. It is submitted that the Inspection committee rejected the case of the petitioners on the pretext that as the trade for which the affiliation has been sought has already been de-affiliated, as such Petitioners- Institute has to be considered as a fresh applicant. It has to therefore abide by the latest instructions of the respondents.