IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6590 of 2001 Md. Naushad Alam, son of Md. Shahabuddin, Resident of Village-Simri, P.O.-Simri, District-Patna. ..................... Petitioner Versus 1. The State of Bihar. 2. The Secretary, Planning & Training, Government of Bihar, Vikas Bhawan, Patna. 3. The Director, Craftsman Training Scheme Employment & Training, Govt. of Bihar, Vikas Bhawan, Patna. 4. The Controller of Examination, Planning & Training, Govt. of Bihar, Patna. 5. The Principal, B.K. Institute of Technology, Rajeev Nagar, Road No. 24, P.O.-Kesri Nagar, P.S.-Digha, District-Patna. 6. The Director General, Employment & Training Department of Labour, Ministry of Labour and Rehabilitation, Government of India, New Delhi. …………………………………………………. Respondents ----------- 6. 6.7.2009 No one appears for the petitioner. In this writ application the prayer of the petitioner reads as follows: “ This application is being filed for issuance of appropriate writ(s) commanding the respondents specially respondent no.5 to issue original National Trade Certificate in favour of the petitioner forthwith in view of the fact that the petitioner has been allowed to appear in the All India Trade Test in 1991-93 sessions conducted under the aegis and control of National Council of Vocational Training („N.C.V.T.‟ for short) in which the petitioner has been declared successful and accordingly he has been duly granted the provisional certificate.” 2 From a reading of the counter affidavit it would appear that respondent no.5 is the Principal of B.K.Institute of Technology, which is not a State within the meaning of Article 12 of the Constitution. It is so because respondent no.6 has filed the counter affidavit wherein it has been stated as follows: “ … … … It is stated that Government of India has set up National Council for vocational Training (NCVT), an Apex body to advise it on all matters relating to vocational Trg. Which includes affiliation, trade test procedures and Award of certificates. It is further clarified here that affiliation is done by a sub- Committee of NCVT dealing with affiliation and not by DGET, Ministry of Labour, Govt. of India. DGET only renders secretariat services to the NCVT and NCVT certificates are issued to the candidates who undergo training and appear in a trade test from an Institute, which has prior affiliation from NCVT the question of awarding NCVT certificate does not arise if any candidate undergoes training and appears at 3 the trade test from any institute which is not affiliated for that particular trade by NCVT. In the instant case, there is no record submitted by the applicant that affiliations were granted to B.K.Institute, Patna for fitter trade prior to August, 1993. The applicant was a trainee in the Session of 1991-93 which ends in August, 1993.” This part of the statement of respondent no.6 despite service of copy on the counsel for the petitioner has not been controverted. In fact the Assistant Director in the Department of Labour, Employment and Training, Bihar has also filed a separate counter affidavit wherein in paragraph 5 it has been mentioned that the petitioner was admitted in fitter trade in B.K.Institute, Patna during the Session 1991-93. At that point of time the Institute was not affiliated with National Council of Vocational Training. This statement has also not been refuted by the petitioner. It thus becomes clear that this writ application as with regard to 4 declaration of result or issuance of certificate of an unrecognized private institution is simply not maintainable and as such, is dismissed. (Mihir Kumar Jha,J.) Surendra/