A^ WrjtPetition (CLNo. 2829jof2008 Agashe Central Sndustrial Training Centre Union of India & Qthers •K Post for pronouncement of order on // dav of Auflust. 2 Sd/- Satish K. Agnihotri Judge \""1""° f -/ \ ^*' m :]'M. Writ Petition(C) No. 2529 of 2008 Agashe Central Industrial Training Centre, Ashwani Nagar, Lakhenagar Chowk Slope, District Raipur (CG), thmugh its Principal, Shri B.T. Asashe Versus 2 Union of India, through Secretary, MinisSry of Labour & Employment, Govt. of india, Shram Shakti Bhavan, Rafl Marg, New Delhi - 110001. Directorate General of Empioyment & Training, . Ministry of Labour & Employment, Govt. of India, Shram Shakti Bhavan, Rafi Marg, New Deihi-110001. 3 Directorats Employment & Training, Bayron Bazaar, Raipur (CG). (Writ petition under Articie 226 ofthe Constitution of india) Single Bench : Hon'ble Shri Satish K. Agnihotri, J Present: Shri Ashok Soni, counsel for the petitioner. Shri R.S. Baghel, standing counsel on behalf of Ms Sharmila Singhai, Assistant Solicitor Gensral for ths Union of India/ respondents No.1 & 2. ShAAmrito Das. Panel Lawver for State/resoondent No.3. ^- (Pa^sed on this _J^day of August, 2003) Heard learned counset forthe partiss. 2. The petitioner - Agashe Central Industrial Training Centre (for seeks a ion to the respondents to issue reglstration number to'the trainees of the pefitioner/lnstitute for Desk Top Pubfishing Operator (for short •'?K^:v;-i^^^!s 1 ^. DTPO") and Electrician Trade for the sessions starting from August 2006 and August 2007 onwards. Further issuance of certificates ofAII India Trade Test held tn the month of January, 2006 onwards and grant permission to fhe petitioner/ institute to admit the students for session cdmmencing from August, 2008. 3. The facts, in nutsheli, as projected by the petitioner/institute, are that the petitioner/lnstitute is running Industrial Training institute affiliated to the resoondent authorities and the National Counci! for Vocationaf Trainmg (for short the MCVT"). The NCVT has granted permanent affiiiation in favour of the petitioner/lnstitute to start one unit of DTPO and one unit of Eiecfrician Trade on the 12th Augustr 1996 (Annexure - P/1). Thereafter, the petitioner/lnstitute was inspected by the standing committee on ths 17 <July, 1997 for grant of pernianent affillation for three additional units of Electrician Trade. On inspection, three additionai units of Electrician trade was granted from August, 1997 onwards by the AddiSional Director, Employment & Training, on the'8 September, 1997 (Annexure - P/2). 4. Sincs 1997 the petitioner/lnstitute admitted the students and they were accorctingly registered and granted Nationai Trade Certificates by the respondents, which is evident from fhe ietters dated 5th May, 2003, 4th Apri!, 200S and 16th Novembsr, 2005 (Annexure - P/3) for the sessions 1999-2003, 2000-2001 and 2005. ScSs s^<iW SsSiS!^SS~~~~~Si ^*. 5. The petitioner/institute further relies on a letter dated 15 Ju!'/, 2005 (Annexure - P/4) whereby, according to the petitioner, it has been approved by the Joint Director, Directorate of Emptoyment & Training, Chhattisgarh, addressed to the Under Secretary, Department of Higher Education (Technicai) thai the oefitioner/ Institute has obtained affiiiation from the NCVT and running the institute. Letter dated nil (Annexure - P/5) was also sent to the petitioner/lnstitute to submit the details of the candidates admitted for training in the session commencing from August, 2006 onwards on or before 16 October, 2006, , A "st was accordingly submitted. 6. By ietter dated 3 Aprii, 2007 (Annexure - P/6), the Joint Director, Directorate of Employment & Training, called upon the petitioner/lnstitute to submit the afftliation certiflcate for Electrician Trade issued by the NCVT, New Deihi, so that the registration, accordingly, of the acfmitted students be done. The petitioner/ Institute replied to ths ietter. On the 22" September, 2007, a reminder (Annexure—P/9) was sent to the petitioner/ Institute for submitting the requisite information, as required under the letter datsd 3 April, 2007. The petit!one!-/lnst!tute, instead of supplying the relevant documents, rsplsed that on ths basis of registration granted in 1996 and thereafter in 1997 it shouid be presumed to have been granted on permaneni basis. 7. The standina committee ot'the Detitioner/lnstitute has issued a report (Annexure - P/14) wherein in page 3'it was shown that the ^». s. petitioner/lnstitute 'was granted affiliation for one unit in Eiectrician Trade in 1996 and one unit in DTPO in 1996. Learned counsei appearing for the Union of tndia/respondents No.1 & 2 would submit that the standing committee of the NCVT has inspectsd the petitioner/instituts on the 2Q July, 1996 and granted affiliation to one unit of DTPO trade and one unit of Electrician Trade for session starting from August 1996. .Thereafter, it is not clear asto v/hether any inspection was done or the petitioner institute was granted at'filiation for the subsequent periods. Learned counsei appearing for the State/respondent No.3 wouici submit that the petitioner/institute submittect an appiication along with list of students in the year 2006 for registration. The respondent No.3 cailed upon the petitioner/institute on the 7 May, 2007 to furnish the affiliation certificate and other detaits to grant registration number to the students admitted in the session 2006. The petitioner/lnstitute failed to submit any document except that the affiliation was granted in the year 1996-97 for ever on permanent basis. If the petitioner/lnstitute is preperiy affiiiated then oniy the students are issued National Trade Certificates. Shri Das, would further submit that in view of the fact that the petitioneriinstitute hasfailed to furnish any document indicatins that the petitioner/lnstitute was granted permanent affiiiation for additionai three units of Eiectrician Trade, the registration couid not be granted by the respondent No.3. On the basis of dscision >th taken by the sub committse of the NCVT dated 28"' March, 2008, {he petitioner/lnstituts granted affiliation for three units of COPA trade and two additional units of Electrician Trade w.e.f. August, 2007 and, as such, the pstitioner/institute had no affiliation for three units of Electrician Trade for the session commencing from August, 2006. Learned counsel would next submit that one unit in Electrician Trade consists of 16 seats, whereas the petitioner/ Institute has admitted 58 students in the session commencing from August, 2005, therefore, the examination results were withheld for want of proper affiliation. After hearing learnsd counsei appearing for the parties, perused the pleadinos andthe documents appended Shereto. 12. it is found that the Detitioner/lnstitute has faiied to estabtish that It was granted affiiiation by the NCVT for three units in Eleetrician Trade for the session commencing from August, thereafter. !t further appears that there is affiliation for one i.e. for admission of 16 seats whereas the petitioner/lnstitute •^^ ?^ti^Mt^^ ^' !3. Aoart from the merits of fhe case. the NCVT aione can clarify or put Torth its case regarding the fact about affiliation granted to the petitioner/lnstitute or not and what are the conditions for grant of affiSiation. Without hearlng the NCVT, no flnding can be recorded with regard to affiiiation of Eiectrician trade or DTPO trade in the Detitionerf'institute. The NCVT is a necesssry partv. as the question invoived in this petitioncan be settied only after hearing the NCVT. The NCVT has not been imoieaded as a r fe. 6 necessar/ party-respondent. Thus, it is not proper to record any finding on the meritsofthe case. 14. I" Kasturi vs. lyyamperuma! and others , the Hon'ble Suoreme Court observed as under : "13. From the aforssaid discussion, it is pe!lucid that necesssry parties are those persons in whose absence no decree can bs passed by the court or.that there must be a right to some relief against some party in respsct of the confroversy invoived in the proceedings and proper parties are those whose presence before the court-would be necessary in ordar to enable the court effectualfy and compietely to adjudicate upon and settle ai! ths questipns invoivsd in the suit aithough no reiief in the suit was claimed against such person." 15. Forthe reasons mentioned hereinabove, without expressing any opinion'on the merits of the case, the writ petition is iiable to be and is dismissed for want of joinder of the NCVT as a proper necessary party-respondent. No order asto costs. Gowri s.^^0" Judge ^t- (2005) 6 SCC 733