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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN, J.
Maya Devi Private ITI – Petitioner
Versus
Directorate General of Training – Respondent
W.P. (C) Nos. 94, 99 of 2021
Decided On : 19-05-2021
Refused affiliation in respect of additional units, i.e. to increase their intake of trainees, for trades in which they are affiliated - Petitioners in these two cases are industrial training institutes (“ITIs”) affiliated to Directorate General of Training [“DGT”] - They assail decisions of DGT by which they have been refused affiliation in respect of additional units, i.e. to increase their intake of trainees, for trades in which they are affiliated - Whether existing institutions were required to upgrade to a minimum of four trades in terms thereof.
Finding of the Court:
DGT's own interpretation that existing ITI's are, under existing norms, permitted to run with less than four trades, and a proposal was made to establish a uniform rule that ITI's would not be permitted to run with less than four trades. It was also decided to refer this issue to a Sub-Committee. DGT has not suggested that the proposal was accepted by the Sub-Committee or that any final decision was taken. Such a proposal therefore remains just that, and does not constitute a binding decision which entitles the DGT to require affiliation with four trades, in respect of existing institutions, without notifying any fresh norms - Matters are remanded to the DGT for reconsideration of petitioners’ applications for additional units, in accordance with law.
Result: Writ Petitions allowed.
JUDGMENT :
PRATEEK JALAN, J.
The proceedings in the matter have been conducted through video conferencing.
1. The petitioners in these two cases are industrial training institutes (“ITIs”) affiliated to the Directorate General of Training [hereinafter “DGT”]. They assail decisions of the DGT by which they have been refused affiliation in respect of additional units, i.e. to increase their intake of trainees, for the trades in which they are affiliated. As the writ petitions concern a substantially similar issue, they are taken up for hearing and disposal together.
Facts
2. The relevant facts in W.P. (C) No. 94/2021 are as follows:
(i) Fitter Trade.
(ii) Electronics Mechanic Trade, for two units of 20 trainees each.
(b) The petitioner’s application for addition of an extra trade [Electrician Trade] was also approved, and it was granted affiliation for four units [2+2] in respect of the Electrician Trade on 28.06.2012.
(c) By an application made on 25.05.2019, the petitioner applied for eight additional units [2+2+4] in the Electrician Trade.
(d) The DGT conducted inspection on 11.06.2020 and 24.08.2020, and the Inspection Committee recommended grant of affiliation for the additional trades/units.
(e) The petitioner’s application was considered at a meeting of the Recommendation Committee of the DGT held on 22.09.2020. The decision taken by the Recommendation Committee at the said meeting reads as follows:
“Recommended additional 2+2 units (3rd shift not allowed), ITI shall apply for remaining one trade and for Re-affiliation before Session 2021 as per norms and lease to be renewed beyond 2022.”
(f) The petitioner’s grievance, however, arises out of a decision taken at a subsequent meeting of the Recommendation Committee, held on 25.11.2020, where the aforesaid decision was reconsidered. The minutes of the meeting dated 25.11.2020, insofar as it concerns the petitioner, records as follows:
“Course Correction: M.D. (Maya Devi) Pvt. ITI, Nagla Murari Sarsol Phalmandi, G.T. Road Aligarh, Uttar Pradesh-202001 (PR09000106) which was considered in 11th Recommendation Committee meeting held on 22nd September at agenda 2.2 also “Not Recommended” as ITI is more than 5 years old and conducting training in two trades, this ITI shall comply with minimum 4 trades and accordingly shall apply for remaining two trades before Session 2021.”
(Emphasis supplied)
3. The facts of the W.P. (C) No. 99/2021 are broadly similar:
(b) On 10.07.2019, the petitioner applied for eight additional units [2+2+4] in the Electrician Trade and six units [2+2+2] in the Fitter Trade.
(c) The DGT conducted inspection on 08.06.2020 and 18.08.2020, and the Inspection Committee recommended grant of affiliation for the additional trades/units.
(d) The petitioner’s request was, however, rejected in the meeting of the Recommendation Committee on 20.10.2020 with the following remarks:
“Not Recommended
Since ITI is more than 5 years old, it need to apply for re-affiliation with minimum 4 trades.”
(e) Although the petitioner made representations against the aforesaid denial, the Recommendation Committee reiterated its decision at its meetings on 17.11.2020 and 25.11.2020.
Submissions of counsel
4. Mr. Sanjay Sharawat, learned counsel for the petitioners, submits that the DGT’s insistence upon existing institutions having a minimum of four trades for consideration of their applications for addition of units, is unsupported by the affiliation norms published by the DGT. He has taken me to the contents of the Affiliation Norms for ITIs Year 2018 [hereinafter “2018 Norms”] and the minutes of DGT meetings held on 09.10.2019 and 11.12.2020, to contend that no such condition appears in the Norm
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