IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Pr. Memorial Private Iti - Appellant
Versus
Directorate General of Training - Respondent
W.P.(C) 14341 of 2023
Decided On : 09-02-2024
Affiliation - ITI - [The Apprentices Act, 1961, The National Council for Vocational Training Act, 1986] - The court discussed the old and new grading systems for ITIs and the constitution of a committee to recommend methodology to resolve issues of ITI applications rejected/not recommended in the old grading system. The court directed the respondent to consider the petitioner's case for affiliation for additional units in the Electrician trade based on the new grading awarded to it.
Fact of the Case:
The petitioner sought affiliation for additional units in the Electrician trade, which was initially rejected due to a lower grade in the old grading system. The court directed the respondent to consider the petitioner's case for affiliation for additional units in the Electrician trade based on the new grading awarded to it.
Finding of the Court:
The court found it appropriate to issue directions for the respondent to consider the petitioner's case for affiliation for additional units in the Electrician trade based on the new grading awarded to it. The court also directed the respondent to take a decision on the petitioner's request for permitting further units in the Electrician trade.
Issues: Consideration of petitioner's case for affiliation for additional units in the Electrician trade based on the new grading system, and the respondent's decision on the petitioner's request for permitting further units in the Electrician trade.
Ratio Decidendi: The court directed the respondent to consider the petitioner's case for affiliation for additional units in the Electrician trade based on the new grading awarded to it. The court also directed the respondent to take a decision on the petitioner's request for permitting further units in the Electrician trade.
Final Decision: The writ petition is disposed of with the direction to the respondent to consider the petitioner's case for affiliation for additional units in the Electrician trade based on the new grading awarded to it. The respondent is also directed to take a decision on the petitioner's request for permitting further units in the Electrician trade.
ORDER (Oral)
W.P.(C) 14341/2023
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 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 petitioner-institution 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.
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
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
Commi
The central legal point established in the judgment is that existing institutes are not required to upgrade to a minimum of four trades before applying for affiliation of additional unit in already e....
The court emphasized that the rejection of the petitioner's case for affiliation must be in accordance with the applicable Norms of Affiliation, and the reasons provided for rejection must be justifi....
Existing industrial training institutes are not required to have a minimum of four trades to apply for additional units under the 2018 Affiliation Norms, despite assertions by the Directorate General....
Directorate General of Training - Re-affiliation of institutions - Requirements of - DGT upon the requirement of a minimum of four trades in order for an existing institution [even one which is more ....
The court emphasized procedural fairness and the necessity of adhering to established timelines in administrative actions, especially regarding educational institutions facing de-affiliation.
Any decision without granting an opportunity to the petitioner is unsustainable. Deficiencies must be communicated before taking a decision.
The central legal point established in the judgment is the requirement to follow the principles of natural justice and grant an opportunity to the petitioner before taking any decision.
The central legal point established in the judgment is the requirement of providing an opportunity of hearing, supplying the inspection report, and giving sufficient time to rectify deficiencies befo....
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