DESHRAJ PVT. ITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is filed against the impugned order dtd. 2/12/2020, passed by the learned Single Judge in S.B. Civil Writ Petition No. 14078/2016 titled as The Deshraj Pvt. ITI and Ors. vs. State of Rajasthan and Ors, whereby the writ petition was disposed of with certain clarificatory directions.

(2.) Learned counsel for the appellants, Ms. Aradhana Swami, has submitted that by way of the present appeal, a challenge is made to the impugned order dtd. 2/12/2020 to the extent that the impugned condition no.2 issued vide the said order, requires the private ITIs which were established or which were already running from Academic Session 2018 onward to furnish bank guarantees as desired by the Government of India and implemented by the Government of Rajasthan. In this regard, learned counsel submitted that the respondent-authorities possess no jurisdiction to impose upon the petitioners and like institutions, the condition of depositing performance bank guarantees to the tune of Rs.50,000.00 per each unit, as mentioned at Serial No. 10 of the order dtd. 4/6/2018 and communication dtd. 14/8/2019, passed and issued by the Director, Technical Education, Rajasthan and the concerned Department, respectively.

(3.) In this regard, learned counsel for the appellants submitted that the appellant-institutions are undertaking the encompassing and integral task of imparting education, being affiliated with the National Council for Vocational Training. Hence, the asking of bank performance guarantee by the private ITIs is not legally sustainable in the eyes of the law, especially in light of the fact that the said requirement is not supported by any rule and/or regulation, being devoid of authority under any Act warranting the imposition of the said condition. Lastly, it was also argued that prior to the year 2018, no condition mandating the furnishing of performance bank guarantee was in operation.