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 of Training.

JUDGMENT

Prateek Jalan, J. (Oral)

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) 94/2021 are as follows:

(a) The petitioner, Maya Devi Private ITI, applied for affiliation to the DGT in the year 2008. The DGT granted affiliation to the petitioner in two trades - (i) Fitter Trade, and (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) 99/2021 are broadly similar:

(a) The petitioner in this case, Saraswati Private ITI, was first granted affiliation by an order dated 20.09.2011, for four units [2+2] in the Electrician Trade.

(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 reaffiliation 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