BALAJIPRIVATE ITI v. DIRECTORATE GENERAL OF TRAINING

1. These petitions concern applications ofvarious Industrial Training Institutes["ITIs"]for affiliation with the Directorate ofGeneral Training ["DGT"]. The institutes are located in the State of Bihar. The applications were made for the year 2020-21, but the petitioners approached the Court with a grievance thatthe Directorate ofTraining in the State of Bihar ("the State Directorate"), has not processed their applications or conducted inspection oftheir infrastructure as required by the DGT.

2. By an order dated 01.03.2021,[1] had recorded as follows:- "4. All these applicationsfor affiliation were made during the years 2019and2020,for the academicsession 2020-21. There is some controversy between the parties, as to whether the applications were to be made online (on the portal establishedfor this purpose by the DGT)or whether they could be made offline, as done in severalofthese cases. JUSTl^i W.P.(C)4386/2020&connectedmatters ^of[8] Signature Mr.Jaideep Khanna, learned counsel for the State Directorate, has drawn my attention to the "Affiliation NormsforITIs, 2018"["2018 Affiliation Norms"J issued by the DGT, in which a portalfor accepting such applications has been contemplated.Ithasfurther been pointed out that the applications were to be madepursuant to advertisements issued by the State Government. Mr. Khanna states that no advertisement was published by State of Bihar and applications have not been received on the portal, but submitted directly by thepetitioners to the DGT. Thefurther contention ofMr. Khanna, is that the State is entitled, prior to conducting an inspection ofthe infrastructure, to examine the application and documentation submitted by the Institutes and determine whether they are in order from variouspoints ofview, enumerated in the affiliation norms.

5. Mr. Sanjay Sharawat, learned counsel appearing on behalfofpetitioners in several ofthese petitions, however, contends that theportalin question was made operative only in December,2019 and applications were being received by the DGT directly, prior to the operationalisation of the portal. Mr. Sharawat, relying upon the contents of the rejoinder affidavit, also submitted that even after the publication of2018 Affiliation Norms, referred to by Mr. Khanna, various institutions located in the State ofBihar, have applied to the DGT directly for affiliation. The applications of those institutions were forwarded by the DGT to the State Directorate and have been processed by the State Directorate, without raising any objection as to the manner ofsubmission ofthe applications.

6. Ms. NidhiRaman,learned counsel who appearsforDGT in the lead matter [W.P.(C) 4386/2020], submits that the applications were received offline, due to the nonfunctioning ofthe portal at the relevant time, but have since been uploaded on theportaland alsoforwarded to the State Governments. She endorses Mr. Khanna's submission that the initial assessmentofthe application is to be done by the JUSTl^^ W.P.(C)4386/2020&connectedmatters Page6of[8] ^ State Government and that the stage ofinspection would he arrived atonly after the initialassessmentofthe application and the civilinfrastructure.

7. Having regard to these aspects, I have put it to the learned counsel for the parties whether the petitioners' applications, which have now admittedly beenforwarded to the State Governments, he processed in accordance with law. The controversyregarding the manner ofsubmission of the applications(whether online or offline)is, to my mind, a relatively minor issue, particularly in view of the controversy as to whether the portal was at all operative during the relevantperiod and the intervention ofCovid-19 pandemic, making the procedural requirements somewhat more difficult to comply with.

8. Asfar as this hatch ofpetitions is concerned, which were all for affiliation for the academic session 2020-21, Mr. Khanna accepts that the applications have now been received by the State ofBihar.Iam ofthe primafacie view that the applications may be processed, keeping in mind all the criteria which is available to the State of Bihar in accordance with law. This will not bypass any of the substantive requirements ofthe affiliation norms or diminish the role of the State Government or the scope of its assessment in any way. However, it does not appear to me appropriate to regard the manner of submission of the applications as determinative ofthe petitioners' rights and entitlements, in thefacts and circumstances ofthe present cases.

9. Learned counsel for the petitioners and DGT have accepted this suggestion without prejudice to their rights and contentions. Mr. Khanna seeks an opportunity to take instructions."

3. Pursuant to the aforesaid order, Mr. Jaideep Khanna, learned counsel for the State Directorate has taken instructions and submits that JUSTKE# PRAT^CJALAN W.P.(C)4386/2020& connected matters P<^gs 7of[8] bl the modalities suggested in the said order are acceptable to the State Directorate.

4. In this view ofthe matter,the petitions are disposed ofin terms of paragraphs7and 8 ofthe order dated01.03.2021.

5. In order to ensure thatthe applications are considered and decided expeditiously,thefollowingfurther directions are passed:- (a) Itis submitted by Mr.Khannathatthe applications and documents available with the State Directorate are not complete in all respects.The petitioners will coordinate with the State Directorate to ensure that the documentation is complete. The State Directorate may call for any required documents from the petitioners, and conduct the inspection of the petitioners' premises by 10.05.2021. (b) The State Directorate willfumish anInspection Reportto theDGT by 15.05.2021.

(c) Inthe event,theDGTfinds any deficiencies or discrepanciesinthe petitioners' case, it may issue a show cause notice to the concemed petitioner by 07.06.2021.The DGT will dispose ofthe applications after following the established procedure,by 30.06.2021.

6. The petitions are disposed ofin the terms aforesaid.

7. Pending applications also stand disposed of.