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2026 Supreme(Del) 144
IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN, J.
Shere Punjab Prvate Iti - Petitioner
Versus
Directorate General Of Training - Respondent
W.P.(C) 10825 of 2025, CM APPL. 44756 of 2025
Decided On : 11-02-2026
Important Points
Subject
Administrative Law - Educational Law
Headnote
(B) Administrative Law - Principles of Proportionality - The court emphasized that procedural fairness and adherence to prescribed timelines are essential in administrative actions, particularly in education, where de-affiliation has severe implications for students and staff. (Paras 43, 27, 41)
Facts of the case:
The petitioner, an ITI, was de-affiliated due to a complaint regarding excess fees and misleading admissions. Although the complaint was subsequently withdrawn, the SSDEC recommended de-affiliation, leading to the petitioner challenging the orders in court.
Findings of Court:
The court noted a violation of procedural norms and highlighted that the withdrawal of the complaint should have impacted the proceedings against the petitioner. It ruled that the institution had faced substantial prejudice based on the delayed actions of the respondent.
Issues: Whether the de-affiliation was justified in light of the withdrawn complaint and the failure to adhere to procedural timelines stipulated in governing norms.
Ratio Decidendi: The court ruled that failing to follow proper procedures and timelines in administrative actions undermines fairness, particularly in cases that significantly affect educational institutions and their stakeholders.
Result: Writ petition partly allowed, and the respondent was directed to grant affiliation from the academic session 2026-27.
For the Petitioner: Mr. Sanjay Sharawat, Sr. Adv. With Mr. Ravi Kant, Mr. Mayank Manish, Mr. Vineet Upadhyay, Mr. Ayush Aanand, Mr. Jayant Dubey, Advs.
For the Respondent: Ms. Neha Rastogi, Spc with Mr. Rajat Dubey, Mr. Shashank Pandey, Advs.
| Table of Content |
|---|
| 1. presentation of facts regarding de-affiliation (Para 1 , 2 , 3 , 4 , 5 , 8) |
| 2. procedural timeline of legal appeals (Para 10 , 11 , 12) |
| 3. arguments on procedural fairness and proportionality (Para 13 , 14 , 16 , 19 , 20 , 21) |
| 4. compliance with affiliation norms and legal implications (Para 22 , 23 , 24 , 25 , 26) |
| 5. judicial analysis of complaint and inspection reports (Para 28 , 30 , 31) |
| 6. court observations on procedural delays (Para 29 , 32 , 33 , 38) |
| 7. impact of complaint withdrawal and inspections on de-affiliation (Para 35 , 36 , 37 , 41) |
| 8. legal reasoning for de-affiliation duration (Para 40 , 42 , 44) |
| 9. final decision on the restoration of affiliation (Para 45 , 46) |
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petition has been filed seeking following reliefs:
“(a) Issue Writ of Certiorari for quashing the de-affiliation order dated 20.09.2024 and minutes of Appellate Committee Meeting dated 01.04.2025 circulated through the Office Memorandum dated 29.04.2025, whereby, the Appeal of the Petitioner institution was rejected by the Appellate Committee of the respondent confirming the de-affiliation order dated 20.09.2024; and;
(b) Issue Writ of Mandamus to the respondent to issue the restoration of affiliation order from session 2025-2026 for running the 6 Units of Electrician Trade and 2 Units of Welder Trade.”
2. The grievance articulated in the present petition is essentially against the impugned order dated 20.09.2024 passed by respondent/Directorate General of Training (‘DGT’) de-affiliating the petitioner-ITI, as well as, the minutes of Appellate Committee Meeting dated 01.04.2025 circulated through the Office Memorandum dated 29.04.2025, whereby, the appeal preferred bythe petitioner-ITI against the impugned order was rejected by the Appellate Committee of the respondent.
3. The brief facts as noted from the petition and material placed on record are that the petitioner-ITI was granted affiliation by the respondent vide its letter dated 06.12.2012 with permission to run 2 Units in ‘Electrician Trade’ and 2 Units in ‘Wielder Trade’. At the time of passing of the impugned order of de-affiliation, petitioner-ITI was running 6 Units in ‘Electrician Trade’ and 2 Units in ‘Welder Trade’.
4. Somewhere in 2022, a complaint was filed by father of one of the students against the petitioner-ITI alleging that the petitioner-ITI for the purpose of admission had charged excess fee and had misled the complainant to admit his son into a trade i.e. ‘Diesel Mechanic’, which was not available for offer at the petitioner-ITI.
5. The complaint was inquired into by Sh. Sanjeev Goyal, Deputy Director, Technical Education & Industrial Training, Punjab, who submitted its report vide letter dated 16.09.2022. In the said report, strict action was proposed against the petitioner-ITI.
6. Accordingly, on 01.10.2022, petitioner-ITI was issued a show cause notice (‘SCN’) calling upon it to submit its written reply within 21 days and to show cause as to why action be not initiated to de-affiliate the petitioner-ITI. The SCN was responded to by petitioner vide its reply within the stipulated time.
7. The State Skill Development and Entrepreneurship Committee (‘SSDEC’) in its meeting held on 20.02.2023 considered the reply of petitioner and decided to conduct a joint inspection at the petitioner ITI.
8. In the meanwhile, the mother of the student on whose behest the complaint was filed, submitted an affidavit before SSDEC on 20.07.2023 deposing that on account of demise of her husband / complainant, as well as, her son moving abroad for higher studies, she does not wish to proceed with the complaint.
9. Thereafter, a joint physical inspection was carried out by the respondent at the petitioner-ITI. Basis the joint inspection report, as well as, regard being had to the mother’s affidavit, the Regional Directorate of Skill Development and Entrepreneurship (‘RDSDE’), Punjab vide communication dated 21.08.2023 submitted the following remarks to Addit
