CWP/6384/2021 on 30 December 2021

O R D E R

The instant petition has been filed for the grant of following substantive reliefs:- i). That present petition may kindly be allowed and Annexure p-7 (Recommendation Committee DGT, report qua the petitioner institute may kindly be quashed and set-aside being illegal, unwarranted and untenable in the eyes of law.

ii) Petition may kindly be held entitled for the additional 4th base unit 2 (1+1) for electrician trade as per the Joint Committee report of NCVT sub-committee. Iii). Respondent No. 1 and 2 may kindly be directed to grant additional time to the petitioner institute for admission and counselling of the student.

2. It would be noticed that during the course of inspection of the institute on 30.10.2021, Joint Inspection Committee noticed the following discrepancies:-

1. All staff not present at the time of inspection.

2. Staff not as per norms.

3. Salary payment mode was not as per norms.

3. When the matter came up before this Court on 21.12.2021, this Court passed the following order:- “Respondents have again ratified the case of the petitioner as is evident from the order dated 20.12.2021, which has been placed before us for our perusal. Further perusal of the aforesaid order goes to reveal that no reasons for the conclusion so arrived at have been recorded in the proceedings, therefore, let supplementary affidavit to this effect, be filed within one week. List for consideration on 28.12.2021. The Joint Inspection Report be also placed on record for our perusal on the next date of hearing.”

4. Thereafter, when the case came up for consideration on 28.12.2021, the Court passed the following order:- On 21.12.2021, this Court passed the following order: “Respondents have again ratified the case of the petitioner as is evident from the order dated 20.12.2021, which has been placed before us for our perusal. Further perusal of the aforesaid order goes to reveal that no reasons for the conclusion so arrived at have been recorded in the proceedings, therefore, let supplementary affidavit to this effect, be filed within one week. List for consideration on 28.12.2021. The Joint Inspection Report be also placed on record for our perusal on the next date of hearing.”

In compliance to the aforesaid order, a supplementary affidavit has been filed by the Deputy Director, RDSDE, Shimla. However, even this affidavit is delightfully vague, as there is no satisfactory explanation in consonance with the aforesaid order passed by this Court. Therefore, let fresh affidavit be filed clearing stating therein the aforesaid shortcomings. List on 30th December, 2021.

5. In compliance to the aforesaid order, now respondent No. 3 has filed supplementary affidavit, which goes to reveal that at the time of Joint Inspection carried out on 30.10.2021, out of 14 Instructors, only 7 Instructors were found to be CTI trained and 7 members of the staff are Diploma/B.Tech/BBA

6. It is not in dispute that in order to bring qualitative improvement in vocational training across the Country, CITS qualification has been made mandatory for recruitment of Vocational Instructors in Industrial Training Institutes (Govt. and Private) in all States/UTs dealing with skill development have been requested to revise their recruitment rules and consider CITS as essential qualification while recruiting vocational Instructors in ITIs (Govt. and Private). Further, it is also not in dispute that this qualification has been relaxed by providing that incumbent acquire CITS qualification within the probation period after undergoing at least three months physical training in Government Institute of Training of Trainer's (ITOT) in line with DGT guidelines.

7. Therefore, this discrepancy itself cannot be considered to a circumstance so as to not accord permission to commence additional trade.

8. The second major objection taken by the respondent is with respect to the salary not being paid to the employees through online mode as per the mandate of the guidelines, which make it mandatory for the payment of salary into the account of the employees through online mode, as is evident from Clause 3 of Agenda Item No. 3.5 which states “that, it shall be mandatory for management of ITI to pay the monthly salary/wages to their staff through bank only.”

9. Learned counsel for the petitioner, on the basis of instructions, states that henceforth institution shall strictly comply with the aforesaid instructions and pay the monthly salary/wages to their staff through bank only. His statement is taken on record.

10. However, Mr. Virbahadur Verma, learned counsel for the respondent, states that even if petitioner now complies with these instructions even then affiliation can only be granted prospectively by placing reliance on Item No. 13 of the letter dated 20.10.2010.

11. However, we do not find this plea tenable for the simple reason that the petitioner has approached this Court well within time and has been pursuing this case with due diligence, therefore, the denial of affiliation from the current session, would be doing injustice to the petitioner-institute.

12. In the given facts and circumstances of the case, we allow this petition by quashing the recommendations Committee DGT report qua the petitioner institute and the petitioner is entitled for the additional 4th base unit 2 (1+1) for electrician trade as per the Joint Committee report of NCVT sub-committee. The petitioner is permitted to make admission on the basis of the aforesaid counselling. However, this will be subject to the petitioner paying the salary henceforth as per Clause 3 of Agenda Item No. 3.5. The petitioner shall also take all necessary steps for ensuring that the Instructors acquire CITS qualifications as prescribed.

13. The petition stands disposed of in the aforesaid terms, so also pending application(s), if any. (Tarlok Singh Chauhan)

Judge (Chander Bhusan Barowalia) 30th December, 2021 Judge (sanjeev)