PR Memorial Private ITI v. Directorate General of Training
Delhi High Court·12 Oct 2023·2024:DHC:996
C. Hari Shankar
W.P.(C) 14341/2023
2024:DHC:996
Full Text
Translation output
WP (C) 14341/2023 HIGH COURT OF DELHI W.P.(C) 14341/2023 PR MEMORIAL PRIVATE ITI ..... Petitioner Through: Mr. Sanjay Sharawat, Adv.
VERSUS
DIRECTORATE GENERAL OF TRAINING .... Respondent Through: Mr. Nirvikar Verma, SPC for DGT
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R (ORAL) 09.02.2024
W.P.(C) 14341/2023
JUDGMENT
1. Mr. Sanjay Sharawat, learned Counsel for the petitioner has drawn my attention to an order dated 10 August 2023, passed by this Court in WP (C) 8729/2023 (PR Memorial Private ITI v. Directorate General of Training), which reads thus:
“1. The learned counsel appearing on behalf of the petitioner- institution submits that the petitioner-institution is a running institution, which was granted affiliation by the respondent for 6 units each in Electrician and Fitter trade in the year 2016. On 30.01.19, it had submitted an application seeking affiliation for 12 additional units in the same trade for the academic session 2019- 20. Despite the inspections being carried out by the respondent, no further action was taken by the respondent in processing the said application. 2. The learned counsel submits that after a considerable delay of several years, the said application was rejected by the
Signing Date:10.02.2024 16:59 respondent due to less grading as per the then existing grading system. He further submits that as per the new system of grading, on 12.04.2023, the petitioner-institution was awarded a grade of 4.[6] and therefore, is eligible for grant of affiliation for the additional units.
3. Learned counsel appearing on behalf of the petitionerinstitution confines his prayer to the extent of directing the respondent to consider his case for affiliation for additional 12 units in Electrician Trade for the Academic Year 2023-24 by taking into account the grade of 4.[6] awarded to it by the respondent on 12.04.2023.
4. Learned counsel appearing on behalf of the respondent, on instructions, submits that various other institutions had been facing the similar issues. According to him, the applications were not recommended due to the lesser grade in old grading system. In pursuance of the said issues, on 25.07.2023, an office order has been issued by the respondent for constitution of a committee to recommend methodology to resolve the issue of ITI applications.
5. The order dated 25.07.2023 is reproduced as under:- "File No DGT-AffOmisc/20/2023-O/o DIR (TC) Government of India Ministly of Skill Development & Entrepreneurship Directorate General of Training 1st Floor, CIRTES Building, Pusa Campus New Delhi-110012 Dated 25.07.2023 Office Order Subject: Constitution of committee to recommend methodology to resolve issue of ITI applications rejected/not recommended in old grading system Kindly refer to the old grading system, valid until the session of 2022, which required a minimum score of 1.25 on a scale of 5 for additions of trade/units in ITJ. However, the Directorate General of Training (DGT) notified a new grading methodology on 23.03.2023 and TI'Is with a score of 4.0 or higher on a scale of IO are eligible for trade/unit additions starting from the session of
2023. Signing Recently, DGT has received various representations from ITIs requesting reconsideration of their applications which were previously not recommended or rejected due to not meeting the minimum grading score of 1.25 as per the old grading system. However, under the new grading system, they now have a grading score of 4 or above, making them eligible for trade/unit additions. There are two categories of such cases: Category 1, the ITIs which are outrightly rejected on NIMI portal (not placed in any SCAA meeting) vide DGT order dated 30.09.2021 Category 2, the ITIs which were placed in previous SCAA meetings and were not recommended due to less grading in old grading system. In this connection, a committee is hereby constituted with the following members to recommend suitable methodology to resolve these cases:
1. DDG, DGT-New Delhi -Chairman of Committee
2. State Director, Uttar Pradesh
3. State Director, Maharashtra
4. State Director, Madhya Pradesh
5. RD, RDSDE, Uttar Pradesh
6. RD, RDSDE, Maharashtra
7. RD, RDSDE, Madhya Pradesh
8. Director, NIMI
7,143 characters total
9. Shri Ujjwal Biswas, Director-TC
10. Shri Amrit Pal Singh, Joint Director TC section
11. Ms Pooja Verma, Assistant Director TC section - Member Secretary Committee will also suggest probable solution for similar problems that may be encountered in the coming years as the new grading methodology is a dynamic grading and it will change each year depending on the performance of the institute in a particular year. This issues with the approval of competent authority."
6. It is thus seen that the respondent itself is considering the cases of rejected applicants. The case of the petitioner-institution also deserves consideration in view of the new grading awarded to it.
7. Under the facts of the present case, without commenting Signing anything on the entitlement of the petitioner or otherwise, this court finds it appropriate to issue following directions:-
(i) Let the case of the petitioner be considered for grant of affiliation, as prayed for the Academic Year 2023- 24 within a period of four weeks from today.
(ii) Needless to state that the committee so constituted if recommends any solution in the meantime, the same will be considered by the respondent;
(iii) It is also directed that if within a period of four weeks, no recommendations are provided by the respondent; in that condition, the case of the petitionerinstitution will have to be considered on the basis of the grade of 4.[6] awarded to the petitioner-institution by the respondent on 12.04.2023.
8. With the aforesaid observations, the instant petition stands disposed of.
9. Order dasti.”
2. Vide order dated 12 October 2023, the petitioner has been granted permission for another 8 units in the Electrician trade.
3. The order passed by this Court on 10 August 2023 required the respondent to take a decision on the petitioner’s prayer for affiliation “as prayed for”. The prayer was for grant of affiliation in respect of 12 units in the Electrician trade and not 8.
4. Mr. Sharawat, therefore, submits that this writ petition may be disposed of with the direction to the respondent to, after granting an opportunity of hearing to the petitioner, take a decision qua the request of the petitioner for inducting further 4 units in the Electrician trade. Signing
5. Mr. Nirvikar Verma, learned Counsel for the DGT fairly agrees to the request.
6. As such, this writ petition is disposed of with the direction to the respondent to take a decision qua the petitioner’s request for permitting another 4 units in the Electrician trade.
7. In the event, the respondent is inclined not to grant the petitioner’s prayer for further 4 units in the Electrician trade, the respondent is directed to issue a notice to the petitioner setting out the reason for its proposed decision, so that the petitioner can respond to the notice and also to grant an opportunity of hearing to the petitioner before taking the decision.
8. The respondent is requested to act as early as possible and at any rate, to pass an order qua the remaining 4 units in the Electrician trade before 30 April 2024.
9. The writ petition is disposed of in the aforesaid terms.
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