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2023 Supreme(Raj) 552

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Banwari Devi Pvt. ITI – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition Nos. 2363, 18097 of 2022
Decided On : 05-07-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mahaveer Bishnoi.
For the Respondents: Manish Vyas, Kailash Choudhary, Mukesh Rajpurohit, Prakash Raika.

Headnote:

Constitution of India, 1950 - Article 226 - Marginal variation - Discharge - Court also observes that as per Agenda Item No. 7.08 of Affiliation Norms for ITIs, approval for shifting of Institute has been allowed only within block, and in case of urban area, shifting shall be allowed only within the Municipal Corporation limits from Session 2019 onward, Therefore, petitioners-Institutes clearly violated duly prescribed norms and policies - Court further observes that in afore-quoted inspection report, it was clearly stated that Institute was found closed and at that location, a Hotel was found, instead of an ITI - Court does not find it a fit case so as to grant any relief to petitioners in present petitions - Petitions dismissed.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

1. Since both the instant petitions involve a common controversy, though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the factual matrix and prayer clauses are being taken from the above-numbered S.B. Civil Writ Petition No. 2363/2022, while treating the same as a lead case.

2. These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

    “It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or directions:

(i) the impugned letter dated 17.11.2021 (Annex.11) may kindly be quashed and set aside to the extent of de-affiliation of the petitioner’s institution.

(ii) the respondents may kindly be directed to conduct the inspection of the petitioner’s institution new location located at Near Shri Girraj Dharan Mandir, Agra Road, Dausa, District Dausa, in pursuance of the letter dated 08.05.2020 (Annex.3), 09.07.2020 (Annex.4) and order dated 24.08.2020 (Annex.8) forthwith.

(iii) respondents may kindly be further directed to include the name of the petitioner’s institution in the seat matrix of session 2022-23 and further permitted the petitioner’s institution for taking admission of trainees in coming session of year 2022-23.

Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

Costs of the writ petition may kindly be awarded to the petitioner.”

3. As the pleaded facts would reveal, the petitioner-Institute is an Industrial Training Institute (ITI), and had been granted affiliation by the respondent no. 5 in the year 2008, which was further renewed from time to time. On 26.08.2019, the petitioner- Institute submitted an application before the respondents for shifting the petitioner-Institute from old address “Near Mohan Mandir Cinema, Kishangarh Renwal, Tehsil Phulera, District Jaipur (Rajasthan)” to new address “Near Shri Girraj Dharan Mandir, Agra Road, District Dausa (Rajasthan).”

3.1. The respondent no. 5 vide letters dated 08.05.2020 and 09.07.2020 directed the respondent no. 2 for getting the inspection of the existing ITIs/New ITIs (for addition of Trades/Units or shifting cases), conducted by the Standing Committee, for grant of affiliation.

3.2. Thereafter, the respondent no. 2 vide letter dated 05.06.2020 forwarded the recommendation to the respondent no. 5 for initiating the de-affiliation proceeding against the petitioner- Institute; pursuant to which, the respondent no. 5 issued a show cause notice to the petitioner-Institute on 26.06.2020, stating therein as to why the de-affiliation proceeding against the petitioner-Institute be not initiated, as during the inspection of the petitioner-Institute, it was found closed.

3.3. The petitioner submitted a representation on 30.07.2020 before the respondents for conducting the inspection of the petitioner-Institute (shifted at the new location).

3.4. Subsequently, the respondent nos. 2 & 3 vide order dated 24.08.2020 appointed the State Representative Officer for conducting the inspection of the petitioner-Institute at the new location by the Standing Committee, but as per the petitioner, till date, the respondents have not conducted such inspection.

3.5. On 15.09.2020, the meeting of the 10th Recommendation Committee of DGET was held, and the minutes were also drawn with regard to the proposal of the State Directorate for de-affiliation of 154 ITI’s in the State of Rajasthan, and the same was considered under Agenda No. 10.4 of the minutes of said Meeting; the name of the petitioner-Institute was included at Serial No. 62.

3.6. Thereafter, the respondent no. 5 vide letter dated 17.11.2021, de-affiliated 127 private ITI’s in the State of Rajasthan, including the petitioner-Institute w.e.f August 202

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