Civil Writ Petition No.2303 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2303 of 2011 Date of Order: 2nd November, 2011 Shaheed Bhagat Singh Technical Institute, Ferozepur ...Petitioner Versus Directorate of Employment & Training through its Director General and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Gurcharan Dass, Advocate for the petitioner Mr. S.S.Sahu, AAG, Punjab for the State Mr. V.B.Singla, Advocate for respondent nos.1 to 4 RAJIVE BHALLA, J. The petitioner prays for issuance of a writ in the nature of certiorari for quashing order dated 13.10.2010, whereby permanent affiliation has been granted from February, 2011 instead of 02.09.2008. Counsel for the petitioner submits that the petitioner-Institute filed an application, in the year 2008, for permanent affiliation to the National Council for Vocational Training (for short ‘NCVT’) in the trades of Electrician (Two units), Hair & Skin Care (One unit) and Civil Writ Petition No.2303 of 2011 -2- Driver-cum-Mechanic (LMV) (One unit). As per the prescribed procedure, the Director, Technical Education and Industrial Training, Punjab, constituted a Standing Affiliation Committee (hereinafter referred to as the ‘Committee’) to inspect the Institute. The Committee inspected the Institute on 02.09.2008. The Director Technical Education, Punjab, sent a letter dated 06.10.2008, informing the petitioner-Institute that the Committee has recommended affiliation for these three trades and forwarded its recommendation to the office of the Director General Employment & Training, Ministry of Labour, New Delhi, for further action. The letter also allowed the petitioner-Institute to admit students for the Session 2009, in these three trades. The NCVT, in its meeting held on 14.11.2008, granted permanent affiliation for two trades but rejected affiliation for the trade of Electrician (two units), on the ground that dimensions of the workshops are not specified. The petitioner filed Civil Writ Petition No.3289 of 2010, impugning this order. The writ petition was disposed of on 11.05.2010 by granting liberty to the petitioner-Institute to submit a revised application/plan and by directing the respondents to decide the petitioner's application, within four weeks. The petitioner-Institute was inspected by a nominee of the Director Technical Education, Punjab, who forwarded a positive report dated 09.08.2010 to the Director General of Employment & Training, New Delhi. The petitioner-Institute filed C.O.C.P.No.1806 of 2010, but as in the meanwhile, respondent nos.1 and 2 granted permanent affiliation to the petitioner-Institute, though from February, 2011, the contempt petition was disposed of as infructuous. Civil Writ Petition No.2303 of 2011 -3- Counsel for the petitioner submits that as the application for permanent affiliation, with NCVT , was filed in the year 2008 and the petitioner has admitted students, in September, 2009, pursuant to provisional affiliation, the respondents should be directed to grant permanent affiliation from September, 2009. It is further submitted that the Committee, submitted its inspection report on 02.09.2008. The report was forwarded to the Director General Employment & Training, New Delhi, on 01.10.2008. The petitioner was granted provisional affiliation commencing from September, 2009. The petitioner, therefore, admitted students for the two years’ course of Electrician Trade. The students have completed their course but have been awarded SVT Certificates and not NCVT certificates, as approval has been granted from February, 2011. It is further argued that as instructions, Annexure P-10 provide that inspection carried out before 31.10.2008 shall be considered for affiliation from August, 2008, the respondents are required to grant affiliation from September, 2009. The respondents cannot rely upon the new instructions as the matter has remained pending with them or remained subjudice from September, 2009 to July, 2010. It is prayed that as the application for approval was filed in the year 2008 and remained pending with the respondents, they were required to grant affiliation from September, 2009, the date students were admitted in the course of Electrician. Counsel for the NCVT, on the other hand, submits that letter (Annexure P-3) granting provisional admission, clearly states that if permanent affiliation is not granted, by the NCVT, before the commencement of final trade test, students would not be entitled to a Civil Writ Petition No.2303 of 2011 -4- NCVT certificate and would instead be entitled to a state trade certificate. It is argued that as permanent affiliation has been granted on 13.10.2010 with effect from February, 2011, students who have passed out from the petitioner-Institute are not entitled to NCVT certificates. It is further submitted that as the Director General of Employment & Training, New Delhi, has decided, vide communication dated 20.04.2010, that affiliation granted between 1st July to 31st December would be effective from the session commencing in the next year, the decision taken by the respondents to grant affiliation from February, 2011 is legal and valid. It is further submitted that instructions, Annexure P-10 stand withdrawn by instructions contained in the letter dated 20.04.2010 (Annexure R-2). I have heard counsel for the parties and perused the paper book. As facts necessary for adjudication of the present petition have already been narrated in the preceding paragraphs, they do not require repetition. The only question that arises for adjudication is whether the respondents are required to grant permanent affiliation from September, 2009 or from February, 2011. The petitioner- Institute claims that as it filed an application, for affiliation in the year 2008, was granted provisional affiliation and allowed to admit students in September, 2009, the permanent affiliation granted with effect from February, 2011 should date back to September, 2009 in accordance with instructions Annexure P-10. The respondents contend that as permanent affiliation was granted on 13.10.2010, it cannot date back to the session that commenced in September, 2009 and is now over. Civil Writ Petition No.2303 of 2011 -5- The instructions dated 15.12.2008 (Annexure P-10) issued by the Directorate General of Employment & Training, New Delhi, read as follows:- “ Subject: Change in consideration of effective dates of affiliation granted to the cases forwarded by State Directors dealing with Craftsman Training Scheme depending upon the date of inspection by the Standing Committee:- Sir/Madam, This is to inform you that the 37th meeting of the National Council for Vocational Training (NCVT) under the Chairmanship Hon’ble Minister of State for Labour & Employment (IC), was held on 23rd November, 2008. 2. The Council recommended that new strategy/norms need to be evolved so that affiliation of ITIs/ITCs is granted to the institutes before admitting the trainees and that the trainees do not suffer in case institutions fail to get affiliation in time. It was also recommended that institutes/centres should admit trainees only after granting affiliation from NCVT in respective trade/unit. Accordingly, following cut off dates for grant of affiliation to ITIs/ITCs has been approved by NCVT: i) The institute granted affiliation by Sub- Committee between Ist January to 30th June, Civil Writ Petition No.2303 of 2011 -6- of the calendar year, would be considered affiliated from August Session of that year. ii) The institutes granted affiliation by Sub- Committee between 1st July to 31st December of calendar year would be considered affiliated from February Session of the next calendar year. iii) The institute may opt for postponing the session. iv) The above cut-off dates would come into force from February session of year 2009. However, keeping in view of the old system, the inspection carried out by standing committees up to 31st October, 2008, shall be considered for affiliation from August, 2008 session.” Clause-(iv) of these instructions provides that the cut-off dates set out in Clause-(i) would came into effect from February, 2009 and inspections carried out by the standing affiliation committee upto 30.10.2008 shall be considered for affiliation from August, 2008. The instructions provide that if the standing affiliation committee has carried out inspection before 31.10.2008, affiliation would be granted from the August, 2008 session. The instructions dated 16.04.2010 (Annexure R-1) issued by the Directorate General of Employment & Training, New Delhi, read as follows:- Civil Writ Petition No.2303 of 2011 -7- “ As decided by the NCVT in the 37th meeting held on 23rd November, 2008, the effective date of affiliation is the date on which the affiliation is granted by the Sub-Committee of the NCVT for affiliation, which is mentioned below:- (a) Affiliation granted between 1st January to 30th June will be effective from the session beginning August of the same year. (b) Affiliation granted between 1st July to 31st December will be effective from the session beginning February of next year. Accordingly, this affiliation procedure was circulated through various letters/minutes of meeting in which we had requested to constitute the inspection committees on continuous basis for inspection and conduct the inspection (SCIR/DIR/SIR) for the respective sessions. As the inspections for August, 2010 are going, they must be finished before 31st May, 2010. You are requested to send the inspection reports to DGET (HQ) New Delhi within a week from the date of inspection accordingly, all the reports must reach DGE&T HQs, before 7th June, 2010. Since inspections are carried out at regular pace, therefore, you may send proposals to DGE&T, HQs in a phased manner as and when the inspections are completed.” Civil Writ Petition No.2303 of 2011 -8- The instructions dated 16.04.2010, have modified Clause-(iv) of instructions dated 15.12.2008 by clarifying that the date of affiliation is the date on which affiliation is granted by the Sub- Committee of the NCVT thereby clearly providing that no affiliation shall not be granted retrospectively. The right to prescribe a criteria for affiliation, the mode and manner of affiliation and the date from which an Institute or a course is affiliated, rests with the respondents. The mere pendency of the application since 2008 or the grant of provisional affiliation from September, 2009 does not entitle the petitioner to urge on the basis of letter dated 06.10.2008 that it should be granted permanent affiliation from September, 2009. It would be appropriate to mention that the petitioner’s application for grant of permanent affiliation was rejected and it was only after an order was passed in a writ petition, granting liberty to file a fresh application explaining the defects pointed out in the inspection report, that the matter was revived. The fresh application lead to a fresh inspection and permanent affiliation has been granted from February, 2011. The letter granting provisional affiliation to the petitioner- Institute clearly states that in case permanent affiliation is not granted before the final trade test, students would not be entitled to a NCVT Certificate. An extract from the letter issued by the Director, Technical Education,Punjab, on 06.10.2008 (Annexure P-3) reads as follows:- "3. Since, it is likely to take time in receiving the decision of the DGE&T, you are Civil Writ Petition No.2303 of 2011 -9- provisionally permitted to make the admission for session 2008 in the trades/units which have been forwarded to DGE&T, Govt. of India, on the recommendations of the Standing Committee on the following terms and conditions:- 1. You will strictly adhere to the rules and norms for starting new ITC/trades/units as mentioned in the Training Manual and amended from time to time by DGE&T/NCVT. The admission of the Centre/trades the case of which have been recommended by Standing Committee and forwarded to DGE&T for approval/affiliation shall be purely on the provisional basis according to para III(a) (VII) APPENDEX XIX of Training Manual only for this year and if permanent affiliation is not granted by the NCVT, before the commencement of Final Trade Test, in such case the examination of the trades shall be conducted under SCVT and State Trade Certificate will be issued instead of NTC and no further admission Civil Writ Petition No.2303 of 2011 -10- will be allowed even on provisional basis till the permanent affiliation is granted by NCVT.” The letter clearly provides that if final affiliation is not granted before commencement of the final trade test, examination shall be conducted under SCVT and a State Trade Certificate shall be issued to students instead of a National Trade Certificate. The petitioner-Institute was allowed to commence the course in 2009, on the clear understanding that in case permanent affiliation is not granted, before commencement of the final trade test, its students would not be entitled to a National Trade Certificate. The petitioner- Institute accepted this condition, admitted students and, therefore, cannot be granted permanent affiliation retrospectively, whether from the date of filing of the application, the date of first inspection or from the commencement of the course. The petitioner having accepted the terms and conditions of the letter granting provisional affiliation cannot turn around and pray for issuance of a writ that permanent affiliation should be granted from the date of its application or from the date of provisional affiliation. In view of what has been stated hereinabove, the writ petition is dismissed, but with no order as to costs. November 2nd, 2011 (RAJIVE BHALLA) nt JUDGE