ASIAN PRIVATE ITI v. DIRECTORATE GENERAL OF TRAINING

1. Learned Counsel for both sides are agreeable to the disposal of this writ petition in the following terms:

(i) The impugned email communication dated 22 May 2024 purportedly issued in compliance with the judgment dated 4 January 2024 passed by this Bench, has placed reliance on a letter dated 9 May 2024 issued by the Directorate of Training, State of UP. It is stated in the impugned order that, as the State Directorate has not granted the NOC for additional units in the Electrician trade, for which the petitioner seeks affiliation, no such affiliation can be granted.

(ii) Mr. Sharawat submits that this ground was not taken earlier and that the petitioner had not been granted an opportunity of personal hearing despite this Court, in its order dated 4 January 2024, having specifically directed that the de novo decision had to be taken in accordance with the principles of natural justice. He submits, nonetheless, that he is agreeable to answering the above objection as contained in the impugned order dated 22 May 2024 by filing a reply in that regard within a time fixed by this Court and for a fresh de novo decision being taken within a further period fixed by this Court, after the petitioner is granted a hearing. Ms. Dwivedi is also agreeable to this course of action.

(ii) Accordingly, the impugned email dated 22 May 2024 shall be treated as a show cause notice setting out the ground on which, according to the DGT, the petitioner’s prayer for affiliation cannot be granted. It is made clear that no additional grounds, which are not contained in the impugned email dated 22 May 2024, shall be urged by the DGT for rejecting the petitioner’s request.

(iii) Let a response to the email be submitted by the petitioners to the DGT within two weeks from today.

(iv) An opportunity of personal hearing shall be granted by the DGT to the petitioner within one week of receipt of the 17:51 Signing reply on a date to be communicated to the petitioner at the email ID to be provided in its response.

(v) Consequent on grant of hearing, let the de novo decision would be taken within two weeks and communicated to the petitioner forthwith. Should the petitioner continue to remain aggrieved, the right of the petitioner to seek remedy in accordance with law shall remain reserved.

2. This writ petition is disposed in the aforesaid terms.