Guru Nanak ITC vs State of Punjab and Others

Adarsh Kumar Goel, A.C.J.—This appeal has been preferred against the order of learned Single Judge declining to issue direction for grant

of admission slips to the Petitioner institution for making admissions to trades of ''Fashion Technology'', ''Computer Hardware Mechanic'' and

''Electrician'' in session 2010.

The Appellant was granted affiliation for the vocational training courses on recommendations of the Director, Technical Education, Punjab in the

year 2004. the Appellant shifted its premises to another place and deposited fee for requisite inspection but the Director, Technical Education

failed to issue admission slips without any valid reason. Since the Appellant was not given the admission slips, direction was sought in the writ

petition for issuance of such slips.

The stand of the Director, Technical Education, Punjab was that the Appellant failed to offer the premises for inspection except for ''Diesel

Mechanic'' trade and as such admission slips could not be given.

Learned Single Judge upheld the objection of the respondent and held that in absence of Appellant willing for inspection of new premises for the

trades in question, direction sought could not be issued.

We have heard learned Counsel for the Appellant.

Learned Counsel for the Appellant submits that the inspection had already been carried out and Appellant was already affiliated for trades in

question. Reliance has been placed on Annexure P-11.

We are unable to accept the submission.

Annexure P-11 is an annexure to letter Annexure P-10 to the effect that the Standing Committee for inspection had recommended for grant of

affiliation only for ''Diesel Mechanic'' trade. Annexure P-11 refers to the affiliation earlier granted to the trades in question. The position has also

been factually explained in the reply filed on behalf of Respondent No. 2 as follows:

... Thus as per these guidelines issued by Respondents No. 4 and 5, the admission of the trades namely Computer Hardware-01 unit, Electrician-

01 unit, Fashion Technology-01 unit at Guru Nanak ITC, Hoshiarpur Road, Dasuya, District Hoshiarpur could not be made in the new building for

want of fulfillment of condition (ii) of the guidelines dated 5.7.2007 (Annexure R/2).

... In compliance of the said guidelines the answering Respondent had deputed the Standing Committee for inspecting the site afresh for

recommendation for continuation of affiliation of the trades at the new location. But the Petitioner offered the new location for inspection only for

the subject Diesel Mechanic and accordingly the report was sent by the Standing Committee to the appropriate authority for continuing the

affiliation in respect of the Diesel Mechanic at the new location. As far as the other three trades are concerned (Electrician, Computer Hardware

and Fashion Technology) were not offered for inspection at the new location as the same was not ready. At the same time it was requested to the

answering Respondent vide letter dated 4.8.2009 that as and when the location was made ready for inspection the same will be intimated to the

answering Respondent, but till date No. such request has been received by the answering Respondent from the Petitioners. Hence the Petitioners

cannot be allowed to take advantage of his on fault. In view of this position the writ Petitioner has No. locus standi to file the present writ petition.

In view of above, it cannot be held that Respondent No. 2 has given any false statement in conflict with Annexure P-11. We, thus, do not find

any ground to interfere with the impugned order.

The appeal is dismissed. It is, however, made clear that this will not debar the Appellant from seeking affiliation by following due procedure.