IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11504 of 2010 1. TATHAGAT EDUCATION MISSION, INDUSTRIAL TRAINING CENTRE, NASRIGANJ, P.S.- DIGHA, DISTT.- PATNA THROUGH ITS DIRECTOR KAUSHAL KUMAR S/O HARISH CHANDRA GIRI VIVEKANAND MARG, P.S.- SRIKRISHNAPURI, DISTT.- PATNA Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LABOUR, GOVT. OF INDIA, NEW DELHI 2. THE SECRETARY, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, NEW DELHI 3. THE DIRECTOR GENERAL, EMPLOYMENT OF TRAINING, GOVT. OF INDIA, NEW DELHI 4. THE DEPUTY DIRECTOR OF TRAINING, REGIONAL DIRECTORATE, KOLKATTA 5. THE DIRECTOR, EMPLOYMENT AND TRAINING, GOVT. OF BIHAR, PATNA ----------- For the Petitioner :- Mr. Tej Bahadur Singh, Senior Adv. Mr. Gyan Shankar, Adv. Mr. Brisketu Sharan Pandey, Adv. For the Union of India:- Mr. Kalpana, Adv. For the State:- S.C.-14 R.L.P. Bharti, Adv. -------------- 3. 7.9.2010 Heard learned counsel for the petitioner, for the Directorate Employment and Training, Government of Bihar and for the National Council for Vocational Training, New Delhi (hereinafter referred to as ‘NCVT’). The petitioner institution desired to start a vocational training course in the disciplines of Electrician, Fitter Trade and Mechanic Diesel Trade so as to provide employment opportunities to unemployed youth. The procedures for establishment and grant of affiliation have turned out to be an impediment rather than facilitating the 2 running of vocational courses. The petitioner has had to approach this Court time and again pursuing matters of recognition instead of utilizing its time fruitfully by imparting vocational training to young persons to enable them to obtain employment in the open market. The petitioner came to this Court in C.W.J.C. No. 6718 of 2009. The grievance was that it had recommended by the standing committee for grant of recognition in all three trades. Recognition/ affiliation was denied in the Mechanic Diesel Trade wrongly. This Court directed it to represent before the NCVT, New Delhi. The representation was rejected on 24.6.2009 leading institution of C.W.J.C. No. 15670 of 2009. The order dated 19.1.2010 in the latter writ petition notices grant of provisional permission on 21.1.2008 by the Directorate of employment and training, the nodal agency for the NCVT, in all the three disciplines. The NCVT subsequently granted permission in the disciplines of Electrician and Fitter Trade by its seal of approval on the provisional permission. Affiliation was not granted in the Diesel Mechanic Trade. The controversy was noticed whether an inspection report dated 30.10.2008 3 forwarded to NCVT contained enclosures with regard to the availability of technical equipment for the diesel mechanic trade as may have been found during inspection. It was noticed therein that the Deputy Director of Training, Government of Bihar wrote to NCVT on 11.12.2009 with a fax massage dated 25.3.2009 to regional office at Calcutta that by inadvertence the list of tools and kits for the trade of Diesel Mechanic verified on 30.12.2008 could not be enclosed and that it was now being forwarded. The Court had perused the original records of NCVT. The letters dated 11.2.2009 and 25.3.2009 did contain endorsement that the enclosure was not available. This Court also noticed from the counter affidavit of the NCVT that its Deputy Director, R.D.A.T. at Kolkata who was a member of the committee which submitted the report dated 30.10.2008 was explicitly faulted with. In the meantime, the petitioner was granted admission in light of the provisional permission noticed above in the discipline of Diesel Mechanic trade also. This Court, therefore, directed the NCVT to take a final decision on the grant of permission for the Session 2008 in the trade of Diesel Mechanic, when the report dated 30.10.2008 4 and the report of the Inspector of Factories, Government of Bihar at Annexure- A to the writ petition were directed to be adequately considered. It was ultimately observed that the NCVT should resolve the controversy so that the students who had been granted provisional admission in the Session 2008 are not prejudiced. In pursuance of the order of this Court fresh inspection was done on 1.5.2010 by a five man committed constituted by the NCVT which affirmed the availability of tools and kids in the trade of Diesel Mechanic leading to grant of affiliation to the petitioner for that discipline by the NCVT for the Session 2010. Counter affidavit has been filed on behalf of the NCVT. Suffice it to say that it does not contain any discussion on what queries were made out by it from the Deputy Director, R.D.A.T. at Kolkata explicitly faulted in the matter as noticed in the order dated 19.1.2010 in C.W.J.C. No. 15670 of 2009. Be it noted that this Deputy Director was part of the committee which submitted the report dated 30.10.2008 that tools, equipments and machinery inter alia for the Diesel Mechanic Trade was also available. There is no statement in the counter 5 affidavit of the NCVT that no inspection whatsoever was carried out of the petitioner institution for affiliation in the discipline of Diesel Mechanic Trade on that date. The counter affidavit of the NCVT at Paragraph-8 states as follows:- “8. That it is further stated that as far as future of trainees admitted illegally by petitioner institute is concerned, they may be allowed trade testing by State Council of Vocational Tranining and the successful candidates may be awarded SCVT certificate.” In light of the aforesaid discussion, this Court is satisfied that the pleadings contained in Paragraph-8 of the counter affidavit of the NCVT are but a face saving exercise for itself. The counter affidavit blows hot and cold at the same time. This Court, therefore, holds that the petitioner is entitled to affiliation in the discipline of Diesel Mechanic trade from the Session 2008 itself. The students of the Session 2008 are stated to have appeared in the examination. Let their results be published. The writ application stands allowed. P. Kumar ( Navin Sinha, J.)