(Judgment of the Court was delivered by M. DURAISWAMY,J) The above Writ Appeal is directed against the order of the learned single Judge made in W.P.No.38340 of 2005 dated 06.04.2006.
2. The petitioner in the writ petition is the appellant in the above writ appeal and the respondents herein are the respondents in the writ petition.
3. The writ petitioner filed the writ petition No.38340 of 2005 for the issuance of a writ of mandamus directing the first respondent to issue National Trade Certificates of the All India Trade Examinations for the students of the 1993-1995, 1994-1996 and 1995-1997 batches of the Electrician Trade and for the students of the 1995-1997 batch of the Mechanical Refrigeration and Air-conditioning Trade of the petitioner Industrial Training Institute.
4. The brief case of the petitioner is as follows:
(i) The petitioner is the Correspondent of the petitioner Industrial Training Institute known as Industrial Training Centre from the year 1996. The said Centre was started in the year 1993 with Electrician Trade for 1993-1995 batch and Mechanical Refrigeration and Air-conditioning Trade in the year 1995 for the year 1995-1997 batch. There were 12 students in Electrician Trade for the 1993-1995 batch, 21 students for the 1994-1996 batch and 37 students for the 1995-1997 batch. For the Mechanical Refrigeration and Air-conditioning Trade, there were 19 students for the 1995-1997 batch.
(ii) The Correspondent of the petitioner Centre applied for affiliation for the above said Trades in Electrical and Mechanical Refrigeration and Air-conditioning Trades to the second respondent. The standing committee consisting of officials belonging to the State as well as the Central Government had inspected the premises and by a report dated 24.12.1993, the standing committee had recommended for affiliation for the 1st unit of Electrician Trade. The 2nd unit of the Electrician trade was recommended by the standing committee for affiliation by a report dated 9.6.1994. On 9.1.1996, 2 units of Electrician Trade and 2 units of Mechanical Refrigeration and Air-conditioning Trade were recommended for affiliation by the standing committee with effect from 1995. After the inspection of the standing committee, their reports were sent to the Directorate General of Employment and Training, Delhi. The 1st unit of Electrician trade was sent to Directorate General of Employment and Training on 19.01.1994. The report of the 2nd unit of Electrician Trade was sent on 8.9.1994 . For the 3rd and 4th units of Electrician Trades and for the 4 units of Mechanical Refrigeration and Air-Conditioning Trade, the reports were sent on 21.03.1996. Based on the above recommendations made in the reports of the standing committee, the second respondent permitted the students to take the examinations. All the 89 students of both the Electrician Trade and Mechanical Refrigeration and Air-conditioning Trade had passed the examination in the respective years. The results of the students were also declared by the second respondent and the provisional pass certificates have also been issued by the Directorate General of Employment and Training, Delhi. The petitioner's institute sent many representations to the first respondent to issue the National Trade Certificates.
(iii) The Directorate General of Employment and Training, Delhi has granted permanent affiliation to Electrician Trade and Mechanical Refrigeration and Air-conditioning Trade from 1996 in spite of the fact that the pre-inspection reports related to the years starting from 1993 for the various units of the Electrician and Mechanical Refrigeration and Air-conditioning Trades. The minutes of the meeting of the sub-committee of National Commission for vocational training dealing with the affiliation of Industrial Training Institute held on 29.1.1997 at the Directorate General of Employment and Training Head Quarters, New Delhi, it has been decided that the affiliations of various Trades can be granted from the date of pre-inspection. This condition has to be applied for all cases upto the year 1996. The request made in the writ petition falls strictly within this category.
(iv) According to the petitioner, irreparable loss and mental agony has been caused to the students concerned, since long after they have completed their courses in the Trades of their choice and after having passed the examinations, they have not been given the National Trade Certificates. Therefore, the petitioner filed the writ petition.
5. The brief case of the first respondent is as follows:
(i) According to the first respondent as per the records available, the petitioner institute got affiliation to National Council for Vocational Training (NCVT) for the Trade as for Electrician 4 units from August 1996, the sub-committee of NCVT, dealing with this affiliation did not recommend for affiliation of the 2 units in its meeting held on 17.02.1995 due to different location. The trainees took admission in unaffiliated Trades of Electrician for the academic session 1993-95 and Mechanic (Refrigeration and Air-conditioning) in the petitioner institute for the academic year 1995-1997. Therefore, they are eligible to receive State Council for Vocational Training (SCVT) Certificate but not eligible for NCVT Certificate.
(ii) According to the first respondent, the State Director can grant permission to the management of the institute to admit trainees in the Trades which have been recommended for affiliation by the standing committee with a clear-cut understanding that in case the affiliation to Trades sought are not granted, then such trainees admitted would be trade-tested by State Council for Vocational Training (SCVT) at State level.
(iii) In the instant case, Director, Employment and Training, Tamil Nadu, Chennai forwarded Standing Committee Inspection Report dated 24.12.1993 for grant of affiliation to one unit of Trade Electrician and Departmental Inspector Report dated 09.06.1994 for grant of affiliation to one additional unit of Trade Electrician in respect of the petitioner institute. The said reports were put up before the sub-committee of National Council for Vocational Training dealing with affiliation in its meeting held on 17.02.1995. The sub committee of NCVT did not grant affiliation of both the units of Trade Electrician, as this trade was at a different site address and the same was conveyed to the State Director as well as to the institute on 15.03.1995. Subsequently, the Director, Employment and Training, Tamil Nadu, forwarded Standing Committee Inspection Report dated 09.01.1996 for affiliation to 4 units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) in respect of the petitioner institute. The said reports were put up before the sub-committee of National Council for Vocational Training on 18.07.1996 and the sub-committee dealing with affiliation granted affiliation of 4 units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) with effect from and the same was conveyed to the state Director as well as to the institute on 07.08.1996. Based on the clarification given by the State Director, separate infrastructural facilities like land, building, tools and equipment, staff etc. are available in the petitioner institute and the reports dated 24.12.1993 and 9.6.1994 forwarded by the Director of Employment and Training, Tamil Nadu have been re-scrutinized and will be put up to the sub-committee of NCVT dealing with the affiliation for grant of affiliation of 2 units of Trade Electrician with effect from August 1994 for their consideration and approval in its ensuing meeting.
(iv) As per the norms, the effect of affiliation is decided keeping in view the date of inspection of the institute by the inspection committee. If the institute is inspected on or before 31st October, then effect of affiliation is granted from the same year and if the institute is inspected in November and December, then the affiliation is granted from subsequent year. There is no provision to grant affiliation from the retrospective date. The trainees under reference were admitted in unaffiliated Trades and therefore, they are not entitled for certificate under NCVT. Therefore, the first respondent prayed for dismissal of the writ petition.
6. The brief case of the second respondent is as follows:
(i) According to the second respondent, the first respondent has granted permanent affiliation for Electrician with effect from August 1996 i.e. the students will be admitted only from August 1996. The petitioner has admitted 12 trainees in August 1993 session and 21 trainees in August 1994 and 37 trainees in August 1995 session. For Mechanic (Refrigeration and Air-conditioning) Trade, the first respondent has granted permanent affiliation only with effect form August 1996 session i.e. the students have been admitted in August 1996. Therefore, it is not as per the norms of NCVT.
(ii) The petitioner institute was inspected by the standing committee on 24.12.1993 and recommended the Electrician Trade (1 unit). Subsequently, second unit of Electrician Trade was inspected by the departmental officer on 8.9.1994 and recommended for grant of affiliation. The first respondent by letter dated 14.3.1995, rejected the affiliation for the reason that the Electrician Trade is at a different site.
(iii) The petitioner institute was inspected on 9.1.1996 and the batch of trainees admitted in the year 1995-97 are alone fall under the above category, since the petitioner institute has not properly put-forth the real facts to the standing committee. In view of the earlier Standing Committee Inspection Report dated 24.12.1993 and Departmental Inspection Report dated 8.9.1994, affiliation was not considered by the first respondent. Therefore, the second respondent prayed for dismissal of the writ petition.
7. The learned single Judge dismissed the writ petition on the ground of delay, since the prayer for grant of approval for the year 1993-1995, 1994-1996, 1995-1997, and the students, who studied in the College are not impleaded as parties. Further, the learned Judge dismissed the writ petition on the ground that at the instance of the Correspondent, the writ petition cannot be sustained without impleading the students as parties.
8. Aggrieved over the order of the learned single Judge in W.P.No.38340 of 2005, the appellant has filed the above writ appeal.
. Heard Mr.T.R.Rajagopalan, learned senior counsel appearing for the appellant, Mr.A.S.Chakravarthy,learned Senior Central Government Standing Counsel appearing for the first respondent and Mr.A.Arumugham, learned Special Government Pleader appearing for the respondents 2 and 3.
10. Learned senior counsel appearing for the appellant submitted that even though the standing committee had recommended for permanent affiliation for the various units of these trades from time to time, no reason had been given by the Directorate General of Employment and Training, News Delhi or by any other authority concerned, as to why the permanent affiliation had been given to the Electrician and Mechanical Refrigeration and Air-conditioning Trades of the petitioner institute with effect only from August 1996.
11. The first respondent has granted permanent affiliation for Electrician with effect from August 1996. The petitioner has admitted 12 trainees in August 1993 session and 21 trainees in August 1994 and 37 trainees in August 1995 session. For Mechanic (Refrigeration and Air-conditioning) Trade, the first respondent has granted permanent affiliation only with effect form August 1996 session and it is not as per the norms of NCVT. The appellant institute was inspected by the standing committee on 24.12.1993 and recommended the Electrician Trade-1 unit. Subsequently, 2nd unit of Electrician Trade was inspected by the Departmental officer on 8.9.1994 and recommended for grant of affiliation. The first respondent by letter dated 14.3.1995 rejected the affiliation for the reason that the Electrician Trade is at a different site and address. Based on the report of the first respondent, the standing committee inspection was conducted at new location on 21.9.1995 and subsequently, standing committee inspected on 9.1.1996 and four units for Electrician Trade and four units for Mechanic (Refrigeration and Air-conditioning) were recommended for affiliation from 1993-1994, 1995-1996 respectively. By the letter of the first respondent dated 10.7.1997, it has been informed that "it was also decided that affiliation of Trades may be preponed to the date of pre-inspection carried out by representatives of the state Directorates and without pre-inspection reports, the affiliation cases could not be considered." It is also stated that the students in respect of Electrician Trade are eligible to get the SCVT certificates. It could also be seen that in the instant case, the second respondent forwarded the standing committee inspection report dated 24.12.1993 for grant of affiliation to one unit of Trade Electrician and Departmental Inspection Report dated 09.06.1994 for grant of affiliation to one additional unit of Trade Electrician in respect of the petitioner institute. The sub-Committee of NCVT dealing with affiliation did not grant affiliation of both the units of Trade Electrician, as this trade was at a different site address and the same was conveyed to the state Director as well as to the institute by letter dated 15.03.1995. Subsequently, the second respondent forwarded standing committee Inspection report dated 9.1.1996 for affiliation to four units each of Trade Electrician and Mechanic (Refrigeration and Air-conditioning) in respect of the appellant institute. Based on the clarification given by the state Director, subsequently, separate infrasctructural facilitates like land, building, tools and equipment, staff etc. were made available in the appellant institute and the reports dated 24.12.1993 and 9.6.1994 have been re-scrutinzed and according to the first respondent, the same would be put up to Sub-committee of NCVT dealing with affiliation for grant of affiliation of 2 units of Trade Electrician with effect from August 1994. But, according to the learned senior counsel appearing for the appellant, the appellant did not receive the said letter sofar. Though the trainees were admitted in unaffiliated Trades, they are entitled to certificate under SCVT at the State level. Based on the reports of the standing committee, the second respondent permitted the students to take the examinations. All the 89 students of both the Electrician Trade and Mechanical Refrigeration and Air-conditioning Trade had passed the examination in the respective years. The results of the students were also declared by the second respondent and the provisional passed certificates have also been issued by the second respondent. However, the National Trade Certificates, which are to be issued by the Directorate General of Employment and Training, Delhi have not been issued so far. The students are put to irreparable loss and mental agony. Though they have completed their courses in the Trades of their choice and after having passed the examinations, they have not been given the National Trade Certificates so far.
12. The learned senior counsel for the appellant submitted that the matter in issue is covered by an order in W.P.No.21113 of 2006 dated 03.01.2007. The learned counsel for the respondents also not disputed the said decision, but the contention of the first respondent is that the students admitted for the respective trades were not granted affiliation by the National Council for Vocational Training (N.C.V.T.). Hence they are entitled to get the certificate issued by the State Council for Vocational Training only and are not entitled to get the certificate from the first respondent. In the judgment made in W.P.No.21113 of 2006 dated 3.1.2007, in paragraph 8(c) onwards, it is held as follows:-
"(c) As a matter of fact, the practice adopted by the first respondent in the matter of grant of affiliation, conduct of examination and the issue of Certificates, appear to be very peculiar. As per the Training Manual for ITIs and ITCs, the first respondent acts as the affiliating body and he conducts examinations and issues Certificates only through the second respondent, who is described as The State Director. The question papers are dispatched to the second respondent who conducts the examination. Ultimately, blank National Trade Certificates are also dispatched by the first respondent to the second respondent, who is empowered to issued those Certificates after filling up the blanks. Clause (vii) of the said Training Manual reads as follows:-
The State Director may seek permanent affiliation by forwarding the inspection report (Annexure III) to the Secretary, NCVT, New Delhi. The State Director need not wait for any instruction in this matter from Secretary, NCVT. He may grant permission to the management of the Institute to admit trainees in the trades/units which have been recommended for permanent affiliation by the Standing Committee. It should however be made clear that in case permanent affiliation is not granted, final trade test and certification would be the responsibility of respective SCVT. The above clause makes it clear that even without waiting for orders of affiliation, the State Director can permit the courses to be commenced.
(d) The first respondent has also admitted in para-17 of his counter that students can be admitted to the trades/units, for which a recommendation is made by the second respondent, subject to the grant of permanent affiliation by the first respondent. According to the first respondent, if permanent affiliation is eventually granted, the first respondent will issue National Trade Certificates (NCVT) and if permanent affiliation is refused, the second respondent will issue State Trade Certificates (SCVT). In this case, the second respondent has agreed to grant State Trade Certificates (SCVT), thereby indicating that the State Director permitted the admission of students for the two additional units for the batch 1995-1997. Ultimately, the first respondent has also granted permanent affiliation, in June 1997, though with effect from August, 1996.
9. Therefore, the following conclusions become inevitable, from the sequence of events narrated above, which are not in dispute:-
(a) that the petitioner admitted students with the permission of the State Director, who is empowered to grant such permission;
(b) that the students admitted against the additional units are entitled to Trade Certificates issued by SCVT; and
(c) that affiliation is always granted by NCVT (first respondent), only post facto and hence neither the petitioner nor the students can be found fault with.
10. In view of the foregoing conclusions, the only objection taken by the first respondent for refusing to issue National Trade Certificates to the 1995-1997 batch of students, is illegal and the writ petition is liable to be allowed."
11. Accordingly the writ petition is allowed and the respondents are directed to issue National Trade Certificates for the 1995 batch of Trainees, in the trades of Electrician and Fitter, who took the examinations in July 1997 and the supplementary examinations thereafter, within a period of three months from the date of receipt or production of a copy of this order, subject to the students being found otherwise eligible for the grant of the Certificates. "
Following the above referred judgment, Mr.Justice N.Paul Vasanthakumar allowed batch of writ petitions in W.P.Nos.44489, 43551 and 43552 of 2006 and WP.7894 of 2007, dated 21.11.2008. We are in full agreement with the said judgment.
13. But unfortunately, the aforesaid decision has not been brought to the notice of the learned single Judge which has resulted in the dismissal of the writ petition. In the light of the above decision of this Court, in an identical matter, the students are entitled to get Trade Certificates from the first respondent.
14. For the aforesaid reasons, we are of the considered view that the order of the learned single Judge dated 06.04.2006 made in W.P.No.38340 of 2006 is liable to be set-aside and accordingly the same is set-aside. The writ appeal is allowed. However, there will be no order as to costs. Hence, a direction is issued to the respondents to issue National Trade Certificates for the batch of trainees who appeared for the examination for which permanent affiliation is granted in the subsequent year. The respondents are directed to issue the N.C.V.T., certificates within a period of three months from the date of receipt of a copy of this judgment subject to verification of other details of the respective students.
rj To
1.The Director General of Employment and Training and Secretary, National Council for Vocational Training, Ministry of Labour, Rafi Marg, Sharam Shakthi Bhavan, New Delhi 110 001.
2.The Director of Employment and Training, Guindy Industrial Estate, Chennai 32.
3.The Regional Joint Director of Employment and Training, Guindy Industrial Estate, Chennai 32