W M¢7f mmE gmgg @ 1N THE HON'BLE HIGH COURT OF CHHATrISGARH AT BILASPUR (c.G.) WRIT PETITION (é 'No.‘ 5’445 OF 2009 . Agashe Central Industrial Training Centre, Ashwani ‘Nagar, Lakhenagar Chowk Slope, District Raipur (C.G.), through its Principal Shri B. T. Agashe. PETITIONER VERSUS RESPONDENTS Union of India, through: the Secretary, Ministry of Labour & Employment, Govt. of India hram Shakti Bhavan, Rafi Marg, New Delhi — 110001. Directorate General of Employment & Training, Ministry of Labo'ur & Employment, Govt. of India, Shram Shakti Bhavan, Rafi Marg, New Delhi — 110001. & Bayron Bazar, Raipur Directorate, EmplOyment Training, (C.G.). National Council for Vocational Training, New Delhi, through its Secretary. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION ’ OF INDIA FOR ISSUANCE OF A WRIT OF MANDAMUS OR ANY OTHER' SIMILAR WRIT, ORDER OR DIRECTION TO THE RESPONDENTS @ , S HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 5705 of 2009 Petitioner Agashe Central Industrial Training Centre. Versus Respondents Union of India & Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB : Hon’ble Mr. Satish K. Agnihotri, J.) Present :- Shri Ashok Soni, Advocate for the petitioner. Ms. Neelima Verma, Advocate for the respondents No.1, 2 & 4. Shri N.N.R‘oy, Panel Lawyer for the State/ respondent No.3. ORDER (ORAL) (Passed on 29‘“ day of June, 2010) By this petition. the petitioner seeks a writ/direction to the respondents to issue a fresh letter of affiliation for three units of Electrician Trade, as according to the petitioner, the institute is affiliated on permanent basis in the year 1997. 2. The brief facts, in nutshell, as projected rby the petitioner, are that the petitioner is an Industrial Training Centre, affiliated to the respondent authorities and National Council for Vocational Training (respondent No.4) (for short "N.C.V.T.”). Initially, the petitioner was affiliated on 12/8/1996 (Annexure P-1) for one unit of Desk Top Publishing Operator (D.T.P.O.) and one unit of Electrician Trade. Subsequently, by letter dated 8/9/1 997 (Annexure P-2), the petitioner institute was affiliated for three units in Electrician Trade. Thereafter, by letter dated 5/5/2003, the petitioner institute was authorised to issue permanent National Vocational Certificate by the State Board of Examination, Directorate of Employment & Training, Chhattisgarh. 3. Learned counsel appearing for the petitioner submits that the petitioner institute was granted permanent affiliation as stated in a communication dated 15/7/2005 (Annexure P-4) addressed to the Additional Secretary, Higher Education & Technical Education, Science & Technology, Department by the Joint Director, Directorate, Employment & Training, Chhattisgarh. On 3/4/2007 (Annexure P-6), the petitioner institute was directed to submit affiliation letter issued by the respondent No.4 before 12/4/2007. The petitioner institute responded to the same stating that the petitioner institute has no documents indicating affiliation granted by respondent No.4, as all the correspondences are made through the' Directorate of Employment & Training. The petitioner has, already received N.T.C. from N.C.V.T. till 2005. Thus, the Directorate of Employment & Training is not justified in asking for affiliation letter issued by respondent No.4. Thereafter, several correspondences were made on 7/5/2007 (Annexure P-8), 22/9/2007 (Annexure P-9), 1 1/1 0/2007 (Annexure P-10), 8/5/2007 (Annexure P-11). Ultimately, by letter dated 4 Nil (Annexure P— 12), it was reported to the Director, Training that there is no document with regard to grant of affiliation to the petitioner institute available with the office of Directorate of Employment & Training, Chhattisgarh. 4. Being aggrieved the petitioner preferred a petition being W.P.(C) No. 2529/2008. The petition was dismissed for want of joinder of National Council for Vocational Training as party respondent. The appeal thereagainst, being Writ Appeal No. 273/2009 was also dismissed by order dated 8/9/2009 as withdrawn with liberty to file a fresh petition, impleading the N.C.V.T. as party respondent. Thus, the present petition. 5. Learned counsel appearing for the petitioner submits that since the petitioner was granted permanent affiliation and the documents are available with the Directorate, Employment & Training of the erstwhile State of Madhya Pradesh, asking for affiliation certificate issued by N.C.V.T. is illegal and accordingly the respondent may be directed to issue fresh letter of affiliation to the petitioner institute. 6. Ms. Neelima Verma, learned counsel appearing for the respondent No.1, 2 & 4 submits that no permanent affiliation was granted to the petitioner institute. The petitioner institute may filea fresh application for grant of affiliation /permission to run three units'in Electrician Trade or othewvise. Shri Roy, learned counsel appearing for the respondent No.3/ State, on the other hand, submits that the petitioner was granted for one unit of D.T.P.O. and one unit of Electrician Trade from 1996. Thereafter, \\.\ \ my ¢ w inspection was conducted for permanentr affiliation of three units. of Electrician Trade. Thereafter permission was granted to three additional units of Electrician Trade vide 'Ietter dated 8/9/1997. As per the record available, the petitioner institute was granted affiliation for three units of . Electrician Trade and not six units of Electrician Trade as claimed by the petitioner institute. Be that as it may, on perusal of the letter dated 12/8/1 996 (Annexure P-1) issued by Directorate, Employment & Training, the then Madhya Pradesh It appears that the affiliation was granted only for sessmn August 1996 and thereafter on 8/9/1997 (Annexure P 2) the permissmn was granted only for sess10n 1997. No record has been produced to indicate that permanent afmiation was granted by N.C.V.T. i have heard learned counsel appearing for the parties, perused thei pleadings and the documents appended thereto. lt is not found that at any stage affiliation to run six Electrician Trade in the year 1997 and permanent affiliation for ever was granted in 1997 i.e. by letter dated 8/9/1997. On the basis of available documents and submissions made by the counsel appearing for the parties, l have no hesitation in holding that there is no permanent affiliation to run' six units Electrician Trade and as such no direction as prayed for by the petitioner institute can be issued by this Court in exercise of its jurisdiction under Section 226 of the Constitution of India. The petitioner has failed to produce any document in support of its submission that the petitioner institute was granted affiliation on permanent basis or one session for six units of Electrician Trade. x 10. For the reasons mentioned hereinabove, the petition is devoid of merit and is dismissed. ~ s No order as to costs. Sdl- Satlsh K Agnlhotrl Judge ashok