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Judgment
This appeal is directed against the judgement of learned Single Judge dated 23.9.2019, by which the writ petition filed by the appellant has been dismissed. The appellant in the writ petition has prayed for setting aside the recommendation under agenda Item No.15 (proposal to remove system of supernumerary) dated 21.2.2019 and the order dated 26.2.2019 passed pursuant to the said recommendation by the respondent, whereby the system of supernumerary seats has been removed and a direction was sought to increase the seats, per unit, in Electrician trade from 20 to 24.
The learned Single Judge has dismissed the writ petition taking note of the fact that the decision has been taken by the respondents to increase the unit size is now specific in terms of number of seats, which are to be allotted to the Institution. If the competent authority has taken a policy decision to discontinue supernumerary merging in over all strength, no fault can be found with such policy decision.
Learned counsel for the respondents has produced for perusal of the Court the minutes of the meeting of the Recommendation Committee of DGT on Norms & Courses held on 30.01.2019 at Pusa, New Delhi. The agenda nos.9, 10 and 15 thereof reads as under:
Agenda no.9: One to four week courses for present ITI students and ITIs/NSTIs successful candidates of schemes ATS/CTS/CITS (including CoE, DST & Flexi MoU)
The NSTls are premier institutes offering courses under Crafts Instructor Training Scheme (CITS). There are also courses offered by NSTls under Advanced Vocational Training Scheme (AVTS) with latest machinery and equipment in the various industrial sectors including manufacturing/service sectors. It would be befitting that present trainees of ITIs as well as successful pass outs from ITIs & NSTls are also able to avail these facilities.
It is proposed to offer 1-4 weeks courses for ex-ITI trainees and existing ITI trainees to attend 1-4 weeks courses under conventional CTS trades/AVTS courses at NSTls which would improve their employability.
Since ITI trainees are generally from economically weaker sections of society, it is proposed to offer such courses at a nominal fee of Rs.100/- per week per trainee.
Recommendation of the Committee: Committee members agreed the proposal of NSTls to conduct 1-4 weeks course for existing ITI trainees as well as ex ITIs trainees. After detailed discussion and taking into consideration economical background of trainees, it was decided that only fixed registration fees of Rs.100/- alongwith Rs.50/- as Gymkhannna fund, would be charged per trainees for each course. Chairman also advised that we should seek IFD approval for the proposal Regional Director, RDSDE sought clarification from the Chair, whether NSTl(W), Vadodara can conduct training courses for male candidates from nearby ITIs in Gujarat and the Chairman advised that off-campus training may be conducted for male candidates.
Agenda no.10: Proposal for revision of Private Students Guidelines.
Revised draft guidelines are placed below for kind perusal (Annexure-II)
Recommendation of the Committee: Guidelines in respect of Private students were discussed and members recommended for implementation.
Agenda no.15: Proposal to remove system of supernumerary.
In order to simplify seats in units proposed to remove concept of supernumerary & merging in the strength. Proposed to increase Unit size from 12 to 16, 16 to 20, from 20 to 24 etc. For high investment course, this unit size could be further enhanced.
Recommendation of the Committee: Committee Members agreed to remove the concept of supernumerary and increase the unit size from 12 to 16, 16 to 20 and from 20 to 24 after merging the supernumerary seats, it was also decided that number of hand tools would be increased as per the enhanced unit size."
According to learned counsel for the respondents, a particular institute had to in the earlier system give admission in a particular trade in particular unit against 12, 16 and 20 seats, but 30% supernumerary seats were also allowed for admissions, if certain number of seats in one unit had remained unfilled, such shortfall could be utilised by that number in another unit, subject to the maximum 30% of total intact, being created as supernumerary seats. This is how the unit of 16 would become 21. Learned counsel submits that now the unit size itself has been rationalised by increase from 12 to 16, 16 to 20 and 20 to 24. Therefore this number cannot be further increased by supernumerary seats.
Learned counsel for the respondents submits that the respondents had to evolve this new policy because it was found that institutes were not having sufficient number of tools and equipments and were running the institute on the basis of inadequate infrastructure. Even though for unit size of 16, the actual admission would be made on 21 seats by taking 30% additional supernumerary seats, additional tools and equipments were not provided.
Learned counsel for the appellant however submitted that in the instant case, unit size in some of the trades viz. Mechanic Diesel, Mechanic Motor Vehicle, Mechanic Machine tool Maintenance, Mechanic Agriculture machinery, Tool & Die maker (Dies & Moulds), Tool and Die maker (Press Tools, Jigs & Fixtures), Lift and Escalator Mechanic and Attendant Operator Chemical Plant (AOCP) has been directly increased from 16 to 24. Similar facility should be given to the members of the petitioner-institute at least in the trade of Electrician.
The policy of the respondents is to provide such an increase in the case of only such units where high investment course is involved. Therefore, if they have increased the number of seats from 16 to 24 in all the aforementioend trades, which require high investments, such policy cannot be said to be arbitrary or irrationale. The trades like the electrician may not require high investment.
In any case, since the writ petition has been filed on behalf of Federation of Industrial Training Institute running institute in District Dausa, the members of the petitioner-institute would also be benefited for the increase from 16 to 24, if any of them is having the above referred to trades.
We do not find any infirmity in the view taken by the learned Single Judge in the impugned order.
The appeal is dismissed.