BYNOTIFSGATION NC. 9S60/D-2870/XXI- B/C.G./05 AS SPECIFIED IN SOi-iEDULE I& H OF THE COURT FEES ACT 1 870. INTHE HQN'BLE HIGH CQURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL N0. Sl^ OF 2009 Appellants (^-^dM^K^S^ 1. State of Chhattisgarh, through the Secretary, En'iployment and Training, DKS Bhawan, Mantralaya, Raipur (CG) 2. Director, Employment and Training, Government of Chhattisgarh, DKS Bhawan, Mantralaya, Raipur (CG) 3. Additional Director, Employment and Training, Government of Chhattisgarh, DKS Bhawan, Mantralaya, Raipur (CG) Versus Respondents ^^y .^J^/ ^' €?n^-!1' .CN.V ^-2- ^ .^ //" Naveen Adarsh Audyogik Prashikshan Kendra, Village Dhanora, Post Hanoda, Disstrict and Tahsil Dug (CG) through its Secretary, DL. Sahu, S/o Late Shri Bihari Lal Sahu, 61 years, R/o Ashish Nagar, Om Shisakti, Plot No.l 18-A, Bhilai, Durg (CG) — f^a^uy Union of India, through Director, Ministry of Labour and Employment, Director General Employment 8s Training, New Delhi. € ",DE! 3te>?%. ]^Vi ^"s.Vt WRIT APPEAL UNDER SECTION 2(l_LOF THE CHHATTISGARH HIGHCOURT (APPEAL TO DIVISION BENCH)ACT, 2006 (Arising out of the Judgment passed by the Hon'ble Single Bench ofHigh Court of Chhattisgarh in W.P.No.3313/2008 dt.21/07/2009.) AF^ ^ HIGH COURT OF CHHATTISGARH. BILASPUR HON'BLE I.M. QUDDUSI & MANINDRA MOHAN SHRIVASTAVA, WRIT APPBAL N0,250 OF 2009 WRIT APPEAL N0.272 OF 20009 Sdf- I.M.Quddusi Judge y-~^~ .u^/«. HOK'BLE SHRI JUSTICE MANINDRA MOHAN SHRIVASTAVA SdA ^ Manindra Mohan Shrivastavat ^ Postfor o2-Ie3_.e&.2010 Sd/- "JUDGE^ 3©.06.2010 AS COURT Or CaiHAmS^UUEEH. BUAaPUR DB; HON'BUB I.M. Qina>tnMtk HON'BLE MANBmDRA MOHAIISttnaVASTAVA, AJ WRIT APPBAL NoJSSO GFS009 Vs. WRIT AKPEAL N0.272 OF Vs. WKET APKEALS UIIDER SBC'nCMSI 2(1^ OF THB CHHATntSCiASH mGH OOVST tKPPESS. 10 JSSWVSSOVf BENCHt ACT. 2006 APPEARANCB: Mr. T.K.Tsvan, counsel fcr fbe appellant in W.A.No.250/2009 & respandent no.l in W.A.No. 272/ 2009. Mr. Vsaay Harit, Sr. Advocate/Deputy Advoeate Qeaffl-al wiCh Mr. Arvuid Dubey, Paaael Lawyer Sw fhe State/appellants m W.A.No.272/2009 and isespmadents 1 to 3 toWANo.250/2009. Mrs. Fouaa Mfcza, As^stairi. Sofioitta' GCTieral o£fadita for (he Unlon oflaxiia (02.07JSOiq PerI.Bfc 1. Thcse two wnt appeals ha»ebeea fited ^nast tfae Gcunauai judgment aaid onler dated 21-07-2009 passcd by the leMaied APPBIAAMT Ncwm AdaFshMii&yogtk FKisXkShan Kendra RESPOWDBMT8 State cffChhattisgarhemdtahers \ APPEUANT Stote qf Chhattisys'h emd 1wo ofhers KBSPOSfEKEWfS Neween AdarsH Auehfogik Prashxkshan KenSraand eawther «" .i r°^ j <^0 R^i^ Mi^le Judge in W.P. No.3313/2008 & W.P(q.No.30®0/ 2009. Both fbe writ petitkMK weare tafcen up together as in W.P(C).No.33l3/2008, thc writ petitioner sought for quashing of fhe order dated 39tb Feb. 2008 and in subsequent pctition j.e. W.P(C). No.3060 of 2009sought far quashing of the order dated 6th Feb. 2009 with a ftutter direction to the rcspondente of the writ petitioa to register fhe naines ofthe students and issue adaussiaa caoda ao as to enable the students to appear in the ftial examinatfoii. Wnt Appeal No.250/2009 bas been ffled ly the aMtitution nainefy Navia Adarsh Audyogik Rcasilcaban Keadra whe»eas W.A.No.272/2009 by the State. 2. The reason for filing the writ apiped toy the iiMtteition »that fhe leamed singte judge has imposed a eost of Rs^O,OOQ/- for violation of the iaastructtons issued by the Tespondents and. the students were adaaaitted in spite ofthe fact that two luaits ofelectrician trade was sanetioaed to it by the Nattoa^ Council for Vocational Tratoing (NCVQ. 3. The State has filed the writ a^wal bcing aggrieved tbat leanied single Judge has directed that the students who were aflowed to partfcipate in the examination, their results be declared desptee thc fact fhat ibey were not reeogaized by NCVT. 4. The &cts wliich are vay retevant to the cases on hand are that the writ appeBaat of W.A.No.®0/2009is a rogistered aEBliated tecliaical iastitute for providing traiaiag to the students of electrkaaa teade. The eistwhite state @f Atodhya Praxlesh graated permission to nin two uaits of etectricaaa x T'333;3 liliffiS!;il?E \^^ trade vide order dated 26& February, 1993 but vide order dated 28.07.1994, the said two electrician trade units sanctioned were reduced to one. Thereafter, on 01.10.1998 au. advertisenient/ineino was issued by fhe Departinent of Training and Einployiuent offhe erstwhile M.P. Govenuiient iu which it was ruentioned fhat fhe Directorate of Einploynient and TraLning, Goveriunent of India, Labour Ministry, New DeUu, directed that no units should be atlowed to run wifhout permission aad for the year 1998, only soiae recognized institutes nientioned therein iucludu^ Navrn Adarsh Technical Institute were graated pennission to nin certaia trades by directorate, New DeUu as weU as by Employment and Traming Departxnent, Madhya Pradesh, Jabalpur. The name of the appeUant tastitution. finds place at Serial No.4 aud tlie foUowiag trades aoid their uiuts were nientioned agaiiist it. 05. Thereafter, agaui on 11.02.2004, a letter was issued by the Dtrectorate of Einployinent aad Traming, Chtiattisgarh addressed to Principal/Superintendent, Navin Adarsh Technical Institute, Dhanora, District Durg, iu which, it was raentioned that ia the institution the foUowing trade/uiuts are aGGUated to NCVT. S.No. Same oftheprivate institute Name of the trade, recognition of which granted So. of umts 04. Navin Adarsh Techiiical Institute, Dhanora, Distt. Dui^ Fitter Electrician 4 4 S.No. Name oftrade No. ofUntts No. of units granted affiliation 01. Fitter 04 4 02 Electrician 04 4 4 'y^ 06. In the said letter, it was also expected froin the institute fhat fhe recogrdtion shall continue in fiiture also, for this the institution shaU luaintaui the norms fixed and fhe inspection caai also be niade by fhe duly constituted permanent staadiag cominittee to see whefher fhe traimng is miparted continuously or not. The institution shall co-operate wifil the CoTnmittee and ra case the uifrastructure facility is not fouitd in coiifomuty with the fixed standard, fhe recogiution shaU be withdrawn. On. 18.10.2007 the institution sent a letter to fhe Director of Einployinent and Tramiag Centre, C.G. for registration ofthe trainees. A Ust of 17 persons was aanexed to the said letter. Again a letter was sent ou 06.02.2009 by fhe Directorate of Einployment and Training, Chhattisgarh, iastructmg to fiU up the profonaa for fhe purpose of registration of the traiaees admitted iu their instituUon. The Instructions to fiU up fhe forms was also sent in July, 2009 as indicated iu the anncxures to fhe writ petition. Amiexure 4 of Appendix XIX of the Trcdning Mareaa! for Indwstrial Trcdning Instttutes cuid Ceittres prbvides that the iastitute will be afBliated to fhe National Council for Vocational Training through the State Director, to whoin it shoiild look for giudaace and tastructions in aU raatters relating to traiiung. In view of fhe above, when fhe Director of Employxaent and Traming had uifomaed twice to the iastitutkin that the Goverainent of India, Labour MiEtistiy, through National Council for Vocational Traming has sauctioned 4 Tuiits, it caanot be said that fhe institution had not acted tn good 33 faifh. Further the iastitution was pemianently afGliated to the NCVT. Only the question remained was regarduig sanction of units aad if the saaction of uiuts was infomied by fhe Director of Exnployment & Traiaiag of the erstwlule Goverrunent of Madhya Pradesh as also the State of Chliattisgarh after reoi^amzation of fhe State fhat 4 units have been sanctioned in the trade of Electriciaa aud fhe students were adinitted, it caunot be said that the adiaission of the students was inade due to fhe fault cominitted by fhe Director of Einployment aad Tramiiig, Govt. of Chliattisgarh. The leamed Single Judge had pemutted ftie students to appear iQ the examination as the students were not at fault, they got proper trauu.ug and as such they were allowed to appear tn the examination conducted by the NCVT. The above annexure provides for the affiliation aad examtnation etc., to be given and conducted by fhe NCVT but through fhe Director of Employnient aad Training ofthe concemed State. The tenas and conditions for afBMation to Natioiial Council for Vocational Training have been made in Training Manual for Industrial Training Institutes and Centres, which are quoted as under: 1. The iastitute should adopt the stEuadards laid dowu by the National CouncU for Vocational Training in the ruatter of syUabi, scale of tools and equipment, shop layouts, methods of tramiag aad trade testing ia force froia tune to time. 2. The requisite nuinber of iastructional staff and supervisoiy staff should be provided. They shoiild be quaUfied aud should possess experience for ftieir posts. 3. Trainiug sessions will have to coufonu to fhe AU- India dates as laid down for startiiig sessioas. 4. Trainees of the affiliated institutes will appear in fhe AU India Trade test to be conducted by the NCW. 5. Trade Test wfll be conducted iii the iastitute premises or any other centre approved by State Director in accordance wifh the procedure prescribed by the NCVT. 6. The tastitute wffl provide faciUties for regular inspections by fhe ofiicers of the State aud Central Govenunent and uiipleinent any recomTnendations inade by them. for improveinent oftraining standards. 7. The Institute is not aUowed to start any new trade or unit wifhout the prior approval of State Director-ui-Chai^e ofTraiiung, While permittiag aiiy Institute to discontuiue the trade for whicli afEliation is already given, intiiuation should be ^iven by tbe State Director to DGE&T at least 6 liionfhs in advance giving reasons for closure. 8. In case, it is found that ttie Institute fails to m.aintaui prescribed staudards or in aay way fails to adopt the staadards prescnbed by NCVT, the affiliation shall be withdrawn on the basis of recoinm.endation of fhe Standine Coiiuoittee aiid its acceptance by NCVT. 9. The Institute wiU be aSiliated to the Natio!i8_I CouncU for Vocatioiial Traiiung througli the State Director, to whom. it should look for guidaa.ee and iiistructions iu aU niatters relatiiig to traiimig. 10. i. •l.ise of noii-availability oftraiaed iustructors, tbe untraiued iastructors inust be trained wii.l.uu a period of 3 years frorEi their appointinerLt faithlg whicli the affiliation granted is uable to be withdrawn. 11. Cost of raw raaterials for the trade test to be conducted for the trainees of private iiistitutes/ Centres would be bome by the private Institutes/ Centres concerned. 12. Examination fee as prescribed under fhe Craftsiuen Training Schenie would be coUected by the State Director froni the trauiees of private Institutes/ Centres. 07. In view of the above inentioned facts aad circuinstauces, we allow the appeal ffled by the iastitution. The cost imposed upon the iastitution by fhe leamed siagle judge is set aside. ! ^g- The iastitution iieed not pay any cost. The rest ofthe order of the learned single Judge is upheld. The writ appeal filed by the State is disinissed. —^, Sd/- I.M.Quddusi Judge SdA |Manindra Mohan Shrivastava Rao