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Judgment
Mohammad Rafiq, CJ
This writ petition has been filed by the Petitioners-Educational Society challenging decision of the respondents denying grant of affiliation to it on the ground that the institute has already been de-affiliated as such it will have to apply under new norms with 4 trades with the further prayer that respondents may be directed to inspect the petitioners-Institute as per the old norms as the norms of 2018 are not applicable to the Petitioners-Institute.
The petitioner No. 1 was registered as society on 24.12.2003. It set up an ITI in the name and style ‘Diamond Private Industrial Training Institute’, at Dho, Tehsil Bhoranj, District Hamirpur Himachal Pradesh. It was granted affiliation on 28.1.2010. Thereafter the respondents granted one additional unit to the Petitioners-Institute on 18.8.2011. The Petitioners-Institute vide communication dated 5.9.2019 addressed to the respondents conveyed its intention to close is mechanic electronic trade. Thereafter Petitioners-Institute submitted online application to the respondents for shifting of Institute from village Dho to village Dharmol on 27.2.2020. Respondents thereafter raised a demand of Rs.10,000/- on account of existing units in Petitioners-ITI vide order dated 29.5.2020. In response to the application dated 27.2.2020, the respondents inspected the Petitioners-Institute and pointed out certain deficiencies. On 29.5.2020, the respondents demanded a sum of Rs.10,000/- on account of existing units in Petitioners-ITI, which was deposited by the petitioners vide demand draft dated 30.5.2020. Thereafter on the request of the petitioner on 23.6.2020, the Petitioners-Institute was inspected by the inspection Committee so constituted by the respondents. The inspection Committee again pointed out certain deficiencies and did not recommend the Petitioners-Institute for approval/affiliation. According to the petitioners, it removed all the deficiencies as pointed out by the inspection committee and again applied for carrying out fresh inspection of the building where the institute was proposed to be shifted. The respondents on 3.7.2020 demanded an amount of Rs.12500/- as inspection fee, which was deposited by he petitioners vide demand draft dated 4.7.2020. However, despite repeated requests, respondents did not inspect the Petitioners-Institute. The Petitioners-Institute thereafter on 21.8.2020 again requested the respondents to carry out the inspection. The respondents, vide communication dated 11.9.2020 informed the petitioners that the inspection shall be carried out on 14.9.2020. Despite the request of the petitioner to postpone the inspection, the respondents inspected the institute on 14.9.2020 and pointed out certain deficiencies in their inspection report.
Shri N.S. Chandel, learned Senior Counsel for the petitioners submitted that when the Petitioners-Institute had applied for shifting of the institute to a new location, it had supplied the fresh lease deed of the premises where the Petitioners-Institute intended to shift the institute. On 10.11.2020, the petitioners again received the minutes of the meeting whereby the trade of ITI electrician was de-affiliated and in relation to Electronic Mechanical, the Petitioners-Institute was directed to submit an affidavit. Again on 19.11.2020, the petitioners received a communication from the respondents indicating therein that in the meeting of 11th recommendation committee, the recommendation committee constituted by the Director General of Training had recommended the de-affiliation of the trade of Electrician and had asked the petitioner to submit an affidavit pertaining to other trade, i.e., Electronics Mechanical. It is submitted that petitioners had already surrendered the said trades vide communication dated 5.9.2019. It is submitted that the Inspection committee rejected the case of the petitioners on the pretext that as the trade for which the affiliation has been sought has already been de-affiliated, as such Petitioners- Institute has to be considered as a fresh applicant. It has to therefore abide by the latest instructions of the respondents.
The learned Senior Counsel for the petitioners contended that the Petitioners-Institute has all the infrastructure and equipments required as per the DGE & T norms and inspite of there being complete compliance of the norms, the petitioners’ case has been rejected by the inspection committee on the pretext that the Petitioners - Institute has already been de-affiliated by the Director General of Training vide 11th meeting of recommendation committee held on 22.9.2020. Not only this, after introduction of new norms in the year 2018, exemptions to the existing institutes prior to the enforcement of new norms, were granted by the Director General of Training Education. While inviting attention of the Court to the clarification dated 23.7.2018, learned Senior Counsel argued that place where the Institute intends to shift to a new location, it would have have better infrastructure then those in old one. Even then the requirement of new norms are being sought to be applied to the existing institute. Learned Senior Counsel argued that there is a stipulation contained vide letter dated 18.9.2019 that shifting of ITIs will be allowed within the block in rural areas and whereas in the urban area, within the urban limits. Therefore, the norms which came into existence in 2018 would not be applicable to the Petitioners-Institute. It is therefore, prayed that the petition be allowed in terms of prayers made therein.
Shri Vikas Rathore, learned Additional Advocate General appearing for the respondents has submitted that the approval was granted to the Petitioners-Institute for starting Electronics Mechanic and Electrician trades in a new ITI in a rented building in the year 2010 and for this purpose, the petitioners entered into a rent agreement with Smt. Kamla Devi wife of Sh. Lalit Chauhan and Smt. Nirmal Chauhan wife of Sh. Sada Ram Chauhan, village Ghumarli PO Kanjyan Tehsil Bhoranj, Distt Ghumarli PO Kanjyan Tehsil Bhoranj District Mandi, HP. The Petitioners-ITI was affiliated with the Regulatory Agency,.i.e, respondents No. 1 for 3 Units of Electrical Trades and 2 Units of Electronics Mechanic Trade, both having two years of Training Programme. It is further submitted that a complaint was received on 20.2.2019 against the Petitioners-ITI from the owners of the building from where the ITI was functioning and after verifying the complaint, duly taking into account the stand of the petitioners, it was found that the rent agreement of the Petitioners- Institute had lapsed on 31.8.2018 and the landlords/complainants refused to renew the Rent Agreement. As the Rent Agreement is one of the necessary conditions for running of an ITI, therefore, the whole matter was placed before respondent No.1, i.e., Affiliating Agency by respondent No. 1, vide letter dated 26.7.2019 observing that “As on today ITI is not fulfilling the affiliation norms, i.e., lease deed expired in 2018, of the necessary condition for running of an ITI, therefore, the whole matter was placed before respondent No.1,i.e., Affiliating Agency by admission to session 2019 may be put on hold till decision of Director General of Training is communicated.” The petitioners assailed the aforesaid letter dated 26.7.2019 by way of CWP No. 1782 of 2019. This Court on 16.8.2019 passed an interim order permitting the petitioners to make a representation to respondent No. 3 and further directed to place such decision before this Court on 26.8.2019. The respondents disposed of the representation by a speaking order dated 23.8.2019 and thereafter when the matter was listed, this Court dismissed the writ petition on 2.3.2020. The admission process in respect of the Petitioners-ITI was stopped and after doing all the necessary formalities, the Petitioners-Institute was recommended for de-affiliation vide letter dated 10.5.2019 and respondent No.1 passed the order dated 23.11.2020 to this effect.
It is contended that the Director General of Training every year open a link on its official web portal designed as per ‘the Affiliation Norms for ITIs 2018’ for opening of new ITI or addition of trade/Unit in already existing ITIs for change of site Location of the ITIs. A request was generated in the month of February, 2020 on the web portal for change of site location in respect of Petitioners-Institute and pursuant to the application of the Petitioners- Institute generated on the web portal, respondent No. 2 initiated the accreditation process for change of site location as per the procedure and criteria of the affiliation Norms for ITIs 2018 on the basis of which the web portal has been designed wherein the petitioners have applied. As per the inspection procedure, the Institute has to deposit Rs.12,500/- prior to inspection. The petitioners deposited the said fee and inspection for first stage which was carried out by the Inspection Committee as per the accreditation procedure laid down in the Affiliation Norms, 2018. On 23.6.2020 the Inspection Committee made certain objections and not recommended the case of the Petitioners-ITI. The petitioners again vide representation dated 21.8.2020 requested to carry out the inspection of his ITI with a plea that the construction work of ITI’s new building has been completed. The petitioners on 14.9.2020 deposited Rs. 15000/- prior to inspection for fee for second inspection as per procedure laid down in the Affiliation Norms 2018. The Inspection Committee vide its report dated 14.9.2020 again raised certain objections and did not recommend the case of the Petitioners-ITI.
It is contended that the respondents again initiated the process of opening of new private Industrial Training Institutes in Himachal Pradesh for the session 2021-2022 and public notice was published in the leading News Papers in this regard on 4.7.2020. The Petitioners-Institute deposited registration fee amounting to Rs.10,000/- on 8.10.2020 and thereafter inspection fee amounting to Rs.15000/- was deposited by the Petitioners- Institute in compliance to the office order dated 27.11.2020 whereby the Inspection Committee was constituted and the Inspection Committee had inspected the Petitioners-Institute on 19.12.2020 and did not recommend the Petitioners-Institute for affiliation. It is argued that as per NCVT Affiliation Norms-2018, minimum four trades are required for opening of new ITIs. As in case of Diamond Pvt. ITI, it got de-affiliated and now considered as a fresh affiliation case. As per inspection reported provided by the Committee, the petitioners applied for single trade, i.e., Electrician-3 (1+1 Additional+1 Additional) hence it was not recommended for NCVT affiliation. In fact, the decision of the respondents for de-affiliation of the Petitioners-Institute w.e.f. academic sessions 2018-2019 was assailed by the petitioner by way of CWP No.1782 of 2019. In compliance to the interim direction, a detailed speaking order dated 23.8.2019 was passed by the respondents justifying the decision of de-affiliation. This Court on 2.3.2020 finally disposed of the writ petition for want of appearance and prosecution. It is argued that second writ petition on the same subject matter would not be maintainable. Moreover, on merits, the Inspection Committee had rightly rejected the case of the Petitioners-ITI taking into account the fact that the Petitioners-Institute got de-affiliated w.e.f. the session 2018-2019 and therefore, the petitioners’ application for opening of Industrial Training Institute of additional unit shall be considered as per the NCVT Affiliation Norms, 2018 and the same provide that minimum four trades are required for opening of new ITIs.
We have given our anxious consideration to the rival submissions and perused the material on record.
A perusal of the impugned order dated 26.7.2019, passed by the Director General of Training indicates that as on that date, the ITI of the petitioners did not fulfill the affiliation norms. Lease deed had expired on 31.8.2018. Therefore, the admission process for the year 2019 was put on hold till the decision of the Director General of Training was communicated. This order was assailed by the petitioners before this Court on 16.8.2019 and this Court passed an interim order permitting the petitioners to make a representation to respondent No. 3 and further directed to place such decision before this court on 26.8.2019. In compliance to the aforesaid interim direction, Director Technical Education passed the order on 23.8.2019 and in para 4 of the aid order concluded thus:
“4.I have carefully gone through the statements made by both the parties and the representation made by the Petitioner. I have also gone through the relevant guidelines, namely, the "Affiliation Norms for the ITIS", issued by respondent No.1 with which all the units of all the trades in the ITI in question are affiliated with. As per the norms issued by respondent no. 1, in order to affiliate trades in an ITI functioning from a rented building a valid deed entered into between the Petitioner the Complainants longer valid as lapsed on of August. Moreover, it not renewed thereafter as has been admitted by both the parties written statements made before this office. Hence per the guidelines by affiliating agency, namely, the respondent no. and pursuance instructions issued by respondent vide impugned letter letter dated Annexure permission cannot given by office admitting beyond the jurisdiction Morcover, petitioner before this office that he has a rent agreement with some other person respect of building located about km away from the present location of the ITI and that intends shift his ITI there. As "Affiliation Norms for ITIS" issued by respondent no. 1, the Petitioner is required to take up matter with the respondent no. I for shifting of the IT'I from present location the new location. In view of the facts and circumstances stated hereinbefore this office is competent accord any relief to the Petitioner as has requested by him in representation since this matter lies outside purview of office as same pertains to Directorate General Training. Ministry Skill Development & Entrepreneurship, Govt of India Respondent No.1.”
The aforesaid order was questioned before this court in the writ petition No. 2588/2019 and when the matter came up for hearing, this Court on 2.3.2020, observed that no one has put in appearance on behalf of the petitioner. Moreover steps for the service of respondent No. 3 were not taken, therefore this Court was left with no option but to dismiss the present petition for want of appearance and prosecution. It is thus not in dispute that the aforesaid order has attained finality and has not been challenged further by any procedure known to law. As far as the change of the location of the ITI is concerned, the request was generated in the month of February 2020 on the web portal for change of site location in respect of Petitioners-Institute. Respondent No.2 initiated accreditation process for change of site location as per the procedure and criteria of the affiliation Norms for ITIs 2018 on the basis of which the web portal has been designed. A separate letter of Intent for each stage was generated on the web portal and on the basis of the Letter of Intent next stage of inspection was initiated by the respondents. The inspection Committee, vide its report dated 23.6.2020 did not recommend the case of the Petitioners-ITI. Petitioners-Institute in this behalf deposited required amount of fee of Rs.15,000/- for the second inspection. Accordingly, on receipt of the inspection fee from the Petitioners-ITI an inspection for 1st stage was again carried out by the Inspection Committee constituted by the respondents as per the accreditation procedure laid down in the Affiliation Norms, 2018 dated 14.9.2020. In this inspection again certain objections were raised and the case of the petitioners was not recommended for affiliation. The respondents again initiated the process of opening of new private Industrial Training Institutes in Himachal Pradesh for the session 2021-2022 and public notice was published in the leading News Papers in this regard on 4.7.2020. The Petitioners-Institute deposited registration fee amount of Rs.10,000/- on 8.10.2020 and thereafter inspection fee amounting to Rs.15000/- was deposited by the Petitioners-Institute in compliance to the office order dated 27.11.2020. The Inspection Committee made fresh inspection of the Petitioners-Institute on 19.12.2020 and again finding many deficiencies, did not recommend Petitioners-Institute for affiliation.
In view of the above facts, it is clear that the earlier affiliation of the Petitioners-Institute has ceased to exist and that it did not pursue the remedy of challenging the aforesaid judgment. The Petitioners-Institute also did not challenge the order rejecting the representation passed pursuant to the interim order passed by this Court in the earlier writ petition, so that, the action of the respondents for de-affiliating the earlier branches allocated to the petitioners in the earlier process attained the finality. Respondents would not therefore, now be unjustified in insisting upon the petitioners to apply for minimum four trades if it wishes to start industrial training Institute again and therefore, it has to apply for as a fresh applicant and inspection has to be carried out by the Inspection Team. It cannot, therefore, be said that the action of the respondents is, in any manner, unreasonable, arbitrary and capricious and the respondents failed to provide opportunity to the petitioners to participate in the process of inspection at various stages and have not involved the Petitioners-Institute at every stage.
In these circumstances, we do not find any fault in the action of the respondents and do not find any merit in the writ petition. The writ petition is therefore dismissed with no orders as to costs.