Takshila Private Industrial Training Institute vs State Of H.P & Others

SI No.,"ITI’s Name

MIS

Code/Application

Number","Trades/U nits

sought for

affiliation","ITI Propose

Units","Units

recommen ded

by SCI","Remarks by

Scrutiny

Committee","Remarks by

Recommendatio

n Committee

2.,"Takshila Private

ITI, Near

M.L.S.M.

College

Sundernagar

District Mandi

H.P. 175018

PR02000211","Eletrician

(NSQF)",3(1+1+1),3(1+1+1),"ITI needs to

upgrade to 4

trades for the

session 2021","Not

Recommended

Since ITI is

more than 5

years old,

should apply

for minimum 4

for affiliation

by session

2021.

That the matter of petitioner ITI, it is pertinent to mention that petitioner Institute has never applied for re-affiliation. Moreover, it is",,,,,,

running single trade since 2011. Furthermore, it is also submitted that instead of applying for re-affiliation of petitioner ITI and affiliation",,,,,,

for another three new trades than electrician, the petitioner ITI has applied for additional units in the same electrician trade, which cannot",,,,,,

be considered as per prevailing norms. Accordingly, the application filed by the petitioner for the additional 4th Base unit has been rejected",,,,,,

by the Recommendation Committee, DGT in its 16th meeting held on 25.11.2020.â€​",,,,,,

It is evident from the above extracted paras of respondent No.3’s reply that according to the respondent as per Affiliation Norms for ITIs-year,,,,,,

2018:- (a) Affiliated ITIs are required to get re-affiliation for every five years from the date of affiliation (b) ITIs are required to get affiliation for,,,,,,

minimum 4 trades and minimum one unit per trade. Petitioner unit is running since 2011 and has never ever applied for re-affiliation. Instead of,,,,,,

applying for re -affiliation and for affiliation to the other three new trades, the petitioner had applied for additional unit in the same electrician trade.",,,,,,

The application filed by the petitioner for additional 4th base Unit in Electrician Trade was therefore rejected by the Recommendation Committee,,,,,,

(DGT) in its 16th meeting held on 25.11.2020.,,,,,,

3(iv). Following clause from Affiliation Norms for ITIs year 2018 provides for re-affiliation:-,,,,,,

“Instructions for 3.7.1:,,,,,,

All the institutes shall be re-affiliated for every 5 years from date of affiliation. The institutes shall submit online application at least one,,,,,,

year prior to expiry of affiliation/completion of five years of affiliation.â€​,,,,,,

The petitioner institute was initially affiliated in the year 2011. The Affiliation Norms being pressed into service by respondent No.3 requiring re-,,,,,,

affiliation after five years from the date of affiliation, came into existence in the year 2018. The ground of non re-affiliation, as a reason for rejecting",,,,,,

petitioner’s case was taken in the reply by respondent No.3. To this reply, petitioner has filed rejoinder with specific averments in para-2 that",,,,,,

‘after 2018, the ITIs’ can apply for affiliation etc., only on online portal ,however, no link for the purposes of re-affiliation was ever generated",,,,,,

on the site of the respondent’. No substantive rebuttal to this factual averment has been made by respondent No.3. In such circumstances, the",,,,,,

reason now putforth in the reply for rejecting the case of the petitioner on the ground of its non re-affiliation after five years from the date of,,,,,,

affiliation, does not hold good.",,,,,,

3(v). The petitioner ITI had applied for additional 4th base Unit in Electrician Trade with three shifts. Respondent No.3 submits that the petitioner was,,,,,,

required to get affiliation for minimum four trades and minimum one unit per trade. Since the petitioner failed to do it therefore, its case was rejected.",,,,,,

Learned counsel for respondent No.3 could not point out any provision in the Affiliation Norms 2018, which provides that an existing ITI has to get",,,,,,

affiliation for minimum four trades. Learned counsel for the petitioner invited our attention to Clause 3.1.2 of Affiliation Norms 2018 providing that,,,,,,

existing ITI has to meet with NCVT norms for additional trade/unit. The clause reads as under:-,,,,,,

“Instructions for 3.1.2:,,,,,,

I. No increase in intake shall be given to ITIs where FIR/CBI/CVC/ any other Investigation agency/punitive action is initiated by DGT for,,,,,,

any violation in the norms and standards and where enquiries are pending.,,,,,,

Applications of such institution shall be placed before the NCVT Subcommittee for taking appropriate action.,,,,,,

II. The ITIs shall mandatorily opt for “gradingâ€​ before addition of trades/units in existing institutes.,,,,,,

III. Addition of trades/units in existing ITIs shall be permitted only if the ITI is complying with latest NCVT norms at least for additional,,,,,,

trades/units.â€​,,,,,,

In view of the above, we find that reasons as contained in the communication dated 9.12.2020/25.11.2020 (Annexure P-7) for rejecting the case of the",,,,,,

petitioner seeking affiliation for additional 4th base Unit in Electrician Trade are not justified. Respondent No.3 has not considered the case of the,,,,,,

petitioner for affiliation of additional 4th Base Unit in Electrician Trade in accordance with applicable Norms of Affiliation. Accordingly, writ petition is",,,,,,

allowed. Annexure P-7, insofar as it pertains to rejection of the case of the petitioner is quashed and set aside. Respondent No.3 is directed to re-",,,,,,

consider the case of the petitioner within a period of two weeks from today and pass an appropriate order in accordance with law.,,,,,,

With these observation, the instant writ petition is disposed of alongwith all pending application(s).",,,,,,