IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 30692 of 2008(D) -------------------------------------- PETITIONER(S): ---------------------- CH MEMORIAL EDUCATIONAL AND CHARITABLE TRUST, REG.NO.129/02, P.O. KANHIRODE, KANNUR- 670 502, REPRESENTED BY ITS CHAIRMAN. BY ADV. MR.P.M.PAREETH MR.MOHAMMED SHAMEEL RESPONDENT(S): ------------------------- 1. NATIONAL COUNCIL FOR VOCATIONAL TRAINING (NCVT), NEW DELHI, REPRESENTED BY ITS SECRETARY. 2. DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT, NEW DELHI. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR AND EMPLOYMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. DIRECTOR OF TRAINING, KERALA STATE, THYCAUD, THIRUVANANTHAPURAM. 5. DEPARTMENTAL INSPECTION COMMITTEE FOR ITIs/ITCs, REPRESENTED BY K.B.NARAYANAN, TRAINING OFFICER (ASSISTANT APPRENTICESHIP) ADVISER, R.I. CENTRE, KANNUR -670 001. 6. STANDING COMMITTEE FOR AFFILIATION OF ITI/ITC, REPRESENTED BY ITS MEMBER SRI. SUNIL JACOB, INSPECTOR OF TRAINING, GOVERNMENT INDUSTRIAL TRAINING INSTTITUTE, CALICUT. R3 & R4 BY GOVERNMENT PLEADER SMT.SUDHA DEVI R1 & R2 BY ADV. MR.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 30692/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TRUST DEED DATED 01/06/2002. EXT.P2: COPY OF THE APPLICATION DATED 13/08/2007. EXT.P3: COPY OF THE PROCEEDINGS DATED 14/01/2008 ISSUED BY THE 4TH RESPONDENT GRANTING PROVISIONAL PERMISSION FOR THE PETITIONER FOR STARTING THE ITC. EXT.P4: COPY OF THE LETTER DATED 15/03/2008 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 12/05/2008 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE LETTER DATED 23/05/2008 ISSUED BY THE PRICIPAL GOVERNMENT ITI KANNUR TO THE PETITIONER. EXT.P7: COPY OF THE ANNEXURE-3 REPORT ALONG WITH ENCLOSURES DULY SIGNED BY THE DEPARTMENTAL INSPECTION COMMITTEE MEMBERS AND THE PETITIONERS. EXT.P8: COPY OF THE LETTER DATED 07/08/2008 ISSUED BY THE LOCAL ELECTRICITY OFFICE. EXT.P9: COPY OF THE FIRST BILL ISSUED FOR CONSUMER NO.25901. EXT.P10: COPY OF THE LETTER DATED 23/07/2008 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P11: COPY OF THE LETTER DATED 25/09/2008 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.P12: COPY OF THE APPENDIX XIX FORMING PART OF THE TRAINING MANUAL STIPULATING THE PROCEDURE FOR AFFILIATION FOR TRAINING INSTITUTES/CENTRES/TRADES/UNITS TO THE NATIONAL COUNCIL FOR VOCATIONAL TRAINING UNDER CRAFTSMEN TRAINING SCHEME. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE NOTIFICATION NO.C3/10032/07 DATED 17/07/2007. EXT.R4(b):COPY OF THE RELEVANT PORTION OF THE TRAINING MANUAL APPENDIX XIX EXT.R4(c): COPY OF THE PROCEEDINGS NO.C3/10032/07 DATED 14/01/2008. EXT.R4(d): COPY OF THE LETTER NO.C3/9281/08 DATED 12/05/2008. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI ---------------------------------------- W.P.(C)No.30692 of 2008 ----------------------------------------- Dated this the 7th day of April, 2009. JUDGMENT The petitioner, stated to be an Educational Charitable Trust, responded to a notification issued by the Director of Training, the 4th respondent, inviting applications for starting a new Industrial Training Centre. Ext.P3 provisional permission was granted to the petitioner. According to the petitioner, the Departmental Inspection Committee inspected the premises of the Industrial Training Centre on 2.6.08 and was convinced of the facilities made available by the petitioner. He refers to Ext.P7 in this regard. The 4th respondent by Ext.P10 letter intimated the petitioner that there will be an inspection by the standing committee and the petitioner was required to remit the fees for the same which he did. It is now contended that there has not been proper inspection by the standing committee. But the petitioner was met with Ext.P11 issued by the 4th respondent stating that the standing committee, which W.P.(C)No.30692 of 2008 :: 2 :: inspected the Industrial Training Centre, has not recommended any of the trades mentioned in the list due to the deficiencies noted therein. The petitioner challenges Ext.P11, inter alia, on the ground that the defects, if any, noted in Ext.P11 are not existing. He, therefore, prays for a direction to the 4th respondent to constitute a standing committee to inspect the petitioner's Industrial Training Centre. 2. This court in W.P.(C)NO.31440/08 considered the same prayer and issued an order directing that the Regional Director, Directorate of National Council for Vocational Training shall depute a representative to the standing committee constituted by the 4th respondent Director of Training, for inspection of the Industrial Training Centre. Accordingly, the writ petition is disposed of directing the 4th respondent to constitute a standing committee and a representative be deputed by the Regional W.P.(C)No.30692 of 2008 :: 3 :: Directorate of the 1st respondent. This shall be done within two months from the date of receipt of a copy of this judgment. Further action shall be taken based on the report of the standing committee. Sd/- (V.GIRI) JUDGE sk/- //true copy//