IMPORTANT POINT
Policy decisions of the Government should not be interfered with lightly.

Headnote:(a) Constitution of India – Article 226 – Respondent-association not seeking quashing of any policy or scheme or decision or order of the State Government but only praying for certain directions for admission of students in SCVT courses for the session 2007-08 – High Court quashing a subsequent circular without reopening the case or hearing the parties – Not permissible. (Paras 7 and 8)
        (b) Judicial Propriety – Government is competent to frame and revise policies – It is not open to Courts to interfere lightly in such decisions. (Paras 10 and 12)
        (c) Education Law – No institute can have a legitimate right or expectation to run a particular course forever – It is the pervasive power and authority vested in the Government to frame policy and guidelines. (Para 11)
       Facts of the case:
        1. The H.P. Government took a decision that for the academic session 2007-08 there would be no admission for the courses which are being taught by the respondent herein and subsequent to the Cabinet decision, Government Order dated 19.12.2008 was issued.
        2. Respondents’ writ challenging the decision was allowed.
       Finding of the Court:
        It is not open to the Courts to interfere in the policy decisions of the government.
       Result : Appeal allowed.

JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 12.08.2009 passed by the High Court of Himachal Pradesh at Shimla in C.W.P. No. 2948 of 2008 wherein the Division Bench of the High Court allowed the writ petition filed by the respondent herein.

3) Brief facts:

(a) In pursuance of the recommendation of the All India Council for Technical Education (AICTE), the Government of India appointed a Committee called the National Trade Certification Investigation Committee in the year 1951 with instructions to prepare a scheme for the establishment of an All India Trades Board which would award certificates of proficiency to craftsmen in various engineering and building trades. The said Committee made certain recommendations and while accepting the same, a central agency for coordinating the training programmes and awarding certificates of proficiency in craftsmanship on an all-India basis was created. The Government of India decided to transfer the administration of the training organization under the Directorate General of Resettlement and Employment to the control of the State Government concerned, retaining for itself the function of coordinating craftsmen training and laying down the training policy.

(b) Accordingly, in consultation with the State Governments and other concerned parties, National Council for Vocational Training (NCVT) was set up in the year 1956 and was entrusted with the functions relating to establishing and awarding National Trade Certificates to craftsmen, prescribing standards and curriculum for craftsmen training in the technical and vocational trades throughout the country and advising and assisting the Central Government on the overall training policy and programmes. On similar lines, State Council for Vocational Training (SCVT) was created to deal with all the matters relating to Vocational Training at the level of the State. The Government of Himachal Pradesh, in consonance with National Policy of Education (NPE) 1986, as revised from time to time, decided to adopt a policy for producing manpower in the conventional as well as in emerging areas of the Engineering and Technology and in other professional disciplines. The Government, keeping in view the financial constraints to meet the immense requirement of investment in the field, also decided to encourage private sector participation in the State for which the Government was to extend all possible facilities and also to provide for some concessions for arranging the necessary infrastructural facilities for the establishment of technical and other professional institutions in the State. In order to fulfill this objective, the State Government framed Technical Education Policy and the Department of Technical Education issued guidelines for Vocational Training Centres (VTCs) in Himachal Pradesh.

(c) In the year 2004, the State Government through its Department of Technical Education invited private parties/institutions to open Vocational Training Centres (VTCs) within the State of Himachal Pradesh. These Centres were permitted to admit students for the permitted courses on such terms and conditions as provided under the said guidelines. In pursuance of the said invitation, the members of the respondent-Association applied for opening VTCs at different places within the State of Himachal Pradesh. The Letters of Intent were issued to the members of the respondent-Association permitting them to run various courses including Art and Craft, Hotel Management, Ayurveda Pharmacist, Physical Training Instructor, Library Science etc.

(d) A decision was taken in the meeting of SCVT held on 27.04.2006 to wind up certain courses for which there was little scope of employment or self employment and in its place new courses as per demand of the market/industry be started. Thereafter, in the meeting held on 21.08.2007, while confirming the proceedings of earlier meeting dated 27.04.2006, the State Council g

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2011 Supreme(SC) 434

2011 (3) Supreme 415SUPREME COURT OF INDIAP. Sathasivam and Dr. B.S. Chauhan, JJ. State of H.P. & Ors. — Appellant(s)versusHimachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh — Respondent(s)Civil Appeal No. 3385 of 2011(Arising out of S.L.P. (Civil) No. 23998 of 2009)Decided on : 20-4-2011

IMPORTANT POINT Policy decisions of the Government should not be interfered with lightly.

IMPORTANT POINT
Policy decisions of the Government should not be interfered with lightly.