SHREE NATH PRIVATE ITI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 1 Learned counsel for the petitioner submits that in the minutes of the 2nd meeting of "Recommendation Committee DGT" dealing with affiliations of ITIs held on 28/3/2019 at 15:30, Committee Room, 1st Floor, Employment Exchange Building, Near PUSA ITI, PUSA, New Delhi, the decision was taken while dealing with Agenda Item No. 2.4 that 33 institutions of Bihar, 160 institutions of Rajasthan and 108 institutions of Uttar Pradesh are being sought to be de-affiliated. Learned counsel for the petitioner submits that against the same meeting and same agenda item 2.4, certain institutions have approached Delhi High Court and the Delhi High Court in W.P.(C) 4649/2019 and CM No. 20648/2019 (Lord Shiv Private ITI v. Directorate General of Training) passed the following order on 1/5/2019:-

(2.) Disaffiliation of an institution is a serious matter, and cannot be dealt with in such a trifling manner. The least that is expected in such cases is that a proper show cause notice is issued to the party and a speaking order is passed, dealing with the party's response to the show cause notice. Bulk decisions in a tabular form, such as the present case, do complete disservice to the cause of justice and are, on the face of it, unsustainable.

(3.) It is disquieting to note that, in respect of some of the institutions, in the said tabular statement, (though this may not apply to the present petitioner), the institutions have been disaffiliated with the remark "show cause letter returned undelivered". It is impossible to comprehend how, if the show cause notice issued was returned undelivered, the institution could be disaffiliated.