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Judgment
This writ petition is under Article 226 of the Constitution of India whereby and whereunder the direction has been sought upon the respondents to hold a fresh inspection and allow the students to take their training who have enrolled for the Session 2018-2020.
The grievance of the petitioner is that the Director of Training cum Member Secretary (NCVT) has conducted inspection of this institute-the petitioner and has submitted a report. The inspection is conducted which is behind the back of the petitioner and has found that there is lack of infrastructure and therefore the institute has been de-affiliated.
According to the petitioner, the petitioner has not been provided adequate opportunity to satisfy that there is no lack of infrastructure and without any rhyme and reason the students who have enrolled for training for the Academic Session-2018-20 are suffering.
Mr. Rajiv Sinha, Assistant Solicitor General of India has submitted that the institute has been questioned in subject matter of malpractices on the basis of allegation of commission of unfair means when a Centre was fixed there and being reported about that inspection was conducted in which it was found that the Centre in question was involved in copying the answer, therefore, the meeting of the apex body was conducted on 20.07.2018 in which it was decided to conduct an inspection regarding the infrastructure of the institute and in consequence thereof the inspecting team has visited the institute and found that there is lack of infrastructure and thereafter the institute has been de-affiliated. He further submits that students, who have taken admissions before the de-affiliation, have been allowed for appearing in the examination in the Academic Session 2018-20.
Mr. Brij Bihari Sinha, learned counsel for the petitioner submits that the petitioner-Institute is still ready for inspection.
Having heard learned counsel for the parties and upon hearing them it is evident from the perusal of the affidavits more particularly the counter affidavit wherein inspection report dated 11.09.2018 has been annexed, as contained in Annexure-R/5, showing therein that some deficiency is there which the petitioner is objecting, therefore, it would be appropriate, just and proper to give liberty to the petitioner to satisfy the authority regarding infrastructure.
In view thereof, the petitioner is at liberty to approach before the respondent no.5- Director of Training-cum- Member Secretary (NCVT), Directorate General of Training, Ministry of Skill Development and Entrepreneurship within three weeks from the date of receipt of the copy of the order along with relevant documents or any other documents, upon which the petitioner wants to rely regarding fulfilment of the infrastructure.
The concerned authority will take decision on such representation within a period of six weeks from the date of receipt of the representation.
This writ petition is, accordingly, disposed of with the aforesaid direction.
It is needless to say that it is up to the authority to get the infrastructure inspected if occasion arise or required.