The court reinforced that unequal treatment in issuing course certificates violates constitutional rights and ordered the issuance of certificates to all students who completed their courses.

UDGMENT :

SACHIN DATTA, J.

1. During the course of hearing, the petitioner in W.P. (C) No. 6141 of 2021 has confined its prayers to the following reliefs -

“A. Direct the Respondent No.4/NSDC to permit the Petitioner to generate the certificates from the SIDH Portal for all its balance 812 students who have been admitted in the deactivated courses that are disputed during the FY-2022-23 and FY-2023-24 in parity with the students of DPMI Vocational;

B. Protect all its 2212 students who have been admitted by the Petitioner pursuant to the interim orders passed by this Hon’ble Court by making the interim orders dated 06.07.2021 and 06.08.2021 absolute.

C. Pass any order as this Hon’ble Court deems fit in the interest of the 2,212 students admitted in pursuance to the interim orders dated 06.07.2021 and 06.08.2021 passed by this Hon’ble Court.”

2. As regards W.P. (C) No. 3783 of 2021, it is submitted that approximately 6000 students have successfully completed their respective courses under the agreement dated 06.02.2015 (entered between the petitioner in W.P. (C) No. 3783 of 2021 and respondent no. 4/National Skill Development Corporation), pursuant to the interim order dated 22.03.2021 passed by this Court. The relevant portion of the interim order dated 22.03.2021, is reproduced as under -

“5. Considering the overall facts and circumstances and the pandemic situation, since there is a higher requirement of paramedical staff, as also since the academic year is expected to commence shortly, any admissions which may be made by the Petitioner shall be subject to the outcome of this writ petition, and no coercive steps shall be taken against the Petitioner, or against any of the students of the Petitioner, till the next date of hearing.”

3. The said interim order has been continued since then. It is submitted that these students have been issued valid certificates by respondent no. 4.

4. In view of the above developments, the petitioner in W.P. (C) No. 3783/2021 has expressed disinclination to further pursue the writ petition. However, the petitioner seeks a protective direction from this Court restraining the respondents from revoking or invalidating the certificates already issued to its students.

5. Considering that the primary grievance raised in W.P. (C) No. 3783 of 2021 stands substantially addressed, this Court finds it appropriate to proceed to examine in detail the factual matrix and reliefs sought in W.P. (C) No. 6141 of 2021.

6. The petitioner, Virohan Private Limited, is a technology led healthcare training platform, engaged in providing vocational training to aspiring allied healthcare professionals through approved Qualification Packs and National Occupation Standards (QP-NoS) under the National Skills Qualification framework (NSQF). The NSQF organises the qualifications into ten levels and all such QP-NoS that are aligned to NSQF levels are recorded in the National Qualifications Register (NQR).

7. Respondent no. 1, the Ministry of Skill Development and Entrepreneurship (MSDE), is responsible for overall policy coordination related to skill development across various sectors in India. It created the National Council for Vocational Education and Training (NCVET), i.e., respondent no. 3, by notification dated 05.12.2018. NCVET regulates the NSQF-aligned QP-NoS and is tasked with ensuring quality and standardization in vocational training.

8. Respondent no. 2, the Ministry of Health and Family Welfare (MoHFW), is charged with health policy in the country.

9. Respondent no. 4, the National Skill Development Corporation (NSDC), is a not-for-profit public limit