Court No. - 36
Case :- WRIT - C No. - 32298 of 2018 Petitioner :- P.P. Private I.T.I. And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- C.S.C.,Pankaj Patel
Hon'ble Ajay Bhanot,J.
Rejoinder affidavit filed today is taken on record.
Learned counsel for the petitioners is permitted to implead Joint Director Training, Directorate General Training, Ministry of Skill Development and Entrepreneurship, New Delhi and Secretary, Government of India, Ministry of Skill Development and Entrepreneurship, New Delhi as party respondents no. 5 and 6 respectively in the writ petition.
The petitioners' institutions were not permitted to get the trainees registered at the web portal of the Director Training & Employment, U.P. Lucknow. Being aggrieved the petitioners instituted the instant writ petitions with the following prayer:-
"(i) Issue a writ in the nature of mandamus commanding/directing the respondents to permit the petitioners to get registered their trainees to the web portal (As annexed Annexure No. 4 and 5 to the writ petition) provided by the respondent, to the session 2018 for the new and old student in accordance with law and decide the representation dated 12.07.2018, 03.08.2018, 12.08.2018 and 12.09.2018 (Annexure No. 6 to the writ petition) after giving full opportunity of hearing to the petitioners."
The counter affidavit filed by the said authorities discloses that pursuant to an inspection made and an enquiry conducted by the said authorities a recommendation was made to the Directorate General Training, Ministry of Skill Development and Entrepreneurship, New Delhi to withdraw the affiliation granted to the petitioner institution. On the foot of aforesaid recommendation a show cause notice was issued by the Joint Director Training, Directorate General Training, Ministry of Skill Development and Entrepreneurship, New Delhi on 01.11.2018, to the petitioner.
Sri Dharmendra Singh, learned counsel for the petitioner submits that the petitioner has already submitted a detailed reply to the show cause notice. He contends that in the reply to the show cause notice the petitioners have refuted the allegations made against the institution regarding the deficiency in infrastructure and other irregularities. The reply of the petitioner institution is still pending consideration and no final decision has been taken in the matter.
The only submission made by learned counsel for the petitioner is that the issue of disaffiliation of the petitioner institution may be decided within a stipulated period of time.
Sri Rajesh Tripathi, learned counsel appearing on behalf of Government of India does not have any objection to the aforesaid prayer.
The matter is remitted to respondent no. 5, Joint Director of Training, Directorate General Training, Ministry of Skill Development and Entrepreneurship, New Delhi. A writ of mandamus is issued commanding respondent no. 5 to execute the following directions;
(i) The respondent no. 5 shall decide the controversy on merits.
(ii) The respondent no. 5 shall provide all the material adverse to the petitioners including the documents and recommendations made by the State authorities.
(iii) The petitioners shall be given an opportunity to submit a fresh reply and tender their defence to the aforesaid adverse materials.
(iv) It is open to the petitioners to submit an application for fresh inspection of the premises to verify the infrastructure and credentials of the staff and any other requirement for affiliation, in the said reply. In case such application is made, the respondent no. 5 shall cause a fresh inspection of the institution to be conducted. A fresh verification of the infrastructure available and the credentials of the teachers and staff shall be made. In case, such inspection returns any finding adverse to the petitioners, the petitioners shall be provided copies of such reports. The petitioner shall be given an opportunity to refute the same.
(v) The respondent no. 5 shall give a personal hearing to the petitioners.
(vi) After hearing the petitioners and upon consideration of the relevant materials in the record, the respondent no. 5 shall pass a reasoned and speaking order in accordance with law on the issue of affiliation of the petitioners institution.
(vii) The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
With the aforesaid directions the writ petition is disposed of finally.
Order Date :- 21.12.2018 Pravin