IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 31396 OF 2019 AND WRIT PETITION NOS.33157-59/2019 (GM-RES) BETWEEN:
1. SARASWATHI SKILL ACADEMY HOSPITAL ROAD MADHUGIRI – 572 132 TUMKUR DISTRICT BY ITS SECRETARY.
2. COMMUNITY POLYTECHNIC SHAHIN MALL, 2ND FLOOR OPPOSITE KSRTC BUS STAND BELLARE – 574 212 SULLYA TALUK, D.K., REPRESENTED BY ITS PRINCIPAL.
3. SHREE SHERA EDUCATIONAL TRUST ® HAVING ITS OFFICE AT KENCHAMBA KRUPA COMPLEX KADABA – 574238 BY ITS SECRETARY, 4. MANIPAL INSTITUTE OF COMPUTER EDUCATION KENCHAMBA KRUPA COMPLEX NEAR KSS COLLEGE KUKKE SUBRAMANYA – 574 238 SULLYA TALUK, D.K BY ITS DIRCTOR.
... PETITIONERS (BY SRI CHANDRANATH ARIGA .K – ADVOCATE ) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF EMPLOYMENT AND TRAINING VIKASA SOUDHA BENGALURU – 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. MANAGING DIRECTOR KARNATAKA VOCATIONAL TRAINING AND SKILL DEVELOPMENT CORPORATION LTD., 3RD FLOOR, KOUSHALYA BHAVAN NEAR DAIRY CIRCLE BANNERUGHATTA MAIN ROAD BENGALURU – 560029.
... RESPONDENTS (BY SRI B. BALAKRISHNA – AGA FOR RESPONDENTS) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REIMBURSE THE BILL / INVOICE AS PER THE DGET GUIDELINESS (DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING), C.5 vi., AND ECT., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Chandranath Ariga, learned counsel for petitioners.
Sri. B. Balakrishna, AGA for respondent – State. Petitions are admitted for hearing. With the consent of parties, the same are heard finally and are disposed of.
2. The petitioners in these petitions are seeking for issuance of a writ of mandamus to direct the respondents to consider the representations as referred to in the petitions and to reimburse the bill / invoice amounts claimed by the respective petitioners.
3. The first petitioner – Saraswathi Skill Academy is claiming an amount of Rs.16,21,800/-; the second petitioner – Community Polytechnic is claiming an amount of Rs.11,50,380/-; the third petitioner – Shree Shera Educational Trust (R) is claiming an amount of Rs.11,80,260/- and the fourth petitioner – Manipal Institute of Computer Education is claiming an amount of Rs.7,34,400/-.
4. The petitioners are Institutions which are engaged in providing Vocational Training to eligible unemployed youth. As per the procedure and the scheme of the respondents, the training is to be provided and reimbursement of 50% of the cost is to be made immediately after completion of the Skill Development Training period, 25% after the announcement of the results and 25% after the issuance of the Pass Certificate is to be made. Since according to the petitioners the entire process has been completed, they seek reimbursement of the amount which is due and payable to them, the details of which are referred to in the petitions. The bills as submitted by the petitioners having not been considered by the respondents, they have filed representations and since the same have not evoked any response, the petitioners are before this Court.
5. Insofar as the engagement of the services of the petitioners to impart Vocational Training and the payment to be made as per the agreed terms, there is no serious dispute between the parties. The respondent No.2 however contends that along with the bills submitted, the petitioners are also required to furnish all details relating to training that has been imparted including Aadhar card, etc. The petitioners claim to have submitted all the documents along with the bills.
6. Be that as it may, in order to regulate the process, the petitioners shall now submit one more copy of the representations though already been submitted, to Respondent No.2, along with a copy of this order. Respondent No.2 on receipt of the same, shall verify and if any further documents are to be submitted by the petitioners, shall address a communication forthwith, but in any event within two weeks from the date on which a copy of the representations is submitted by the petitioners.
7. On the petitioners responding to it by submitting the necessary documents, the same shall be looked into by Respondent No.2 and a final decision shall be taken within an outer limit of three weeks from the date on which the documents are submitted by the petitioners.
Thereupon insofar as the amount payable if any, to be admitted by respondent No.2, the payment shall be made within a reasonable time and if in respect of any bill, the respondent No.2 has any issues, the details of the same shall be furnished and be intimated to the petitioners.
Hence, in view of the above directions, these petitions stand disposed of.
Sd/- JUDGE KS