IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.3213/2018 (GM- RES) BETWEEN:
SRI. OM PRAKASH S/O LATE SUKAI RAUT R/AT 251, 3RD FLOOR, 10TH CROSS PAVAMANA NAGAR, KEMBATHAHALLI MAIN ROAD GOTTIGERE, BANNERGHATTA ROAD BENGALURU-560 083 ... APPELLANT (BY SHRI. OM PRAKASH, PARTY-IN-PERSON) AND:
1. NATIONAL INSTITUTE OF INDUSTRIAL ENGINEERING-NITIE, (UNDER MINISTRY OF HUMAN RESOURCE DEVELOPMENT), GOVERNMENT OF INDIA VIHAR LAKE, P.O. NITIE, MUMBAI-400 087 REPRESENTED BY ITS REGISTRAR 2. UNION OF INDIA UNDER MINISTRY OF HUMAN RESOURCE DEVELOPMENT, 122 B-C, SHASTRI BHAWAN NEW DELHI-110 001 REPRESENTED BY SECRETARY HIGHER EDUCATION (HE) AND JOINT SECRETARY (NITs AND DL) ... RESPONDENTS (BY SMT. H.R. ANITHA, CGC FOR R2;
V.O.DTD 28.01.19 SERVICE OF NOTICE TO R1 IS HELD SUFFICIENT) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.8.2018 PASSED IN WRIT PETITION 9190/2017 [GM-RES] PASSED BY HON'BLE LEARNED SINGLE JUDGE AND ETC.
THIS WRIT APPEAL, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.02.2019, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED THE FOLLOWING:-
J U D G M E N T Heard Sri. Om Prakash, party-in-person and Ms.H.R.Anitha, learned CGC for Union of India. Though served, first respondent – Institution has remained unrepresented.
2. For the sake of convenience, parties shall be referred as per their status in the writ petition.
3. Briefly stated the facts of the case are, petitioner got enrolled for “Diploma in Ergonomics” (D-Erg), a short term Diploma programme in first respondent - National Institute of Industrial Engineering (‘Institute’ for short), for the academic year 2012-13 and completed the course. In the writ petition, he has challenged communications dated September 07/09, 2016 and September 22, 2016 received from the Institute on the ground that the same are arbitrary.
4. In substance, petitioner’s grievance is that Institute permits those students who enroll for two years Post Graduate programme for campus selection leading to placement, but not permitted him, on the premise that he had enrolled for a short term Diploma program of eight months.
5. The Hon’ble Single Judge has rejected the writ petition holding that petitioner does not stand on the same footing as that of Post Graduate Diploma students, whose course is for two years.
6. During the course of hearing, Sri. Om Prakash submitted that he has obtained ‘Occupational Ergonomic Certificate’ from Colorado State University and other accredited Institutions. He submitted that large number of executives who work for long hours require assistance of ergonomics experts.
Accordingly, he prayed that he may also be permitted to participate in campus selections so that companies/employers desirous of employing personnel specialized in ‘ergonomics’ may consider his candidature.
7. As noticed hereinabove, Institute has not contested.
Ms.H.R.Anitha, learned CGC submitted that Institute functions under the Ministry of Human Resource Development, Government of India. To permit students to take part in the Campus selection is a policy matter and hence this Court may not interfere with the same.
8. We have carefully considered rival submissions and perused the records.
9. By the impugned communication dated September 07/09, 2016 the Institute has stated thus:
NATIONAL INSTITUTE OF INDUSTRIAL ENGINEERING Sir, This has the reference to your grievance posted on Government grievance portal having grievance registration No.DSEHE/E/2016/ 08239 dated 25 August, 2016.
I am directed to inform that Diploma in Ergonomics (DErg) programme was a short-term course developed as part of the TIFAC-CORE NITIE project and it was not a regular Post Graduate Programme (PGP) of 2 years, offered by NITIE. There was no commitment made to the candidates enrolled for the programme with regards to the placement, either through the advertisement for the course or during the duration of course.
According to NITIE policy, NITIE Placement cell facilitates placement only for the students of two year post graduate programme at NITIE. This information was communicated to you by Professor Incharge (Placement).”
10. In substance, Institute’s stand is, it had made no commitment to the candidates who enrolled for Diploma Course, with regard to placement. The said stand is sought to be sustained by the learned CGC on the ground that it is a policy matter.
11. It is indisputable that petitioner has obtained Diploma Certificate. Petitioner is right in his submission that Office executives, computer operators and those who work in offices for long hours need guidance and assistance of experts in ergonomics. We are living in a global village. Employment opportunities are not limited to one State or a Country.
12. Institute is run by the Central Government. Therefore, in our considered view, ample opportunity must be made available to students undergoing courses to seek employment. Although it is Institute’s case that there was no commitment for placement, we see no justification in refusing to include petitioner and similar candidates with Diploma Certificates for the Campus selection.
13. In our view, State is enjoined with a duty to secure right to work under Directive Principles of State Policy enshrined in Part-IV of the Constitution. In the circumstances, we direct the Institute to provide an opportunity to petitioner to participate in the next ‘campus selection’ by including Diploma Certificate holders also in the list of candidates available for employment.
This appeal accordingly, is disposed of with the above direction.
In view of disposal of the appeal, all pending interlocutory applications do not survive for consideration and they are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE SPS