The State Government's decision must be fair and based on reasonableness, and any change in policy must be made fairly. The doctrine of legitimate expectation can be invoked if the decision affects the person by depriving them of a benefit or advantage which they had been permitted to enjoy and can legitimately expect to continue.

Per Rajiv Sharma, J.-The present petition has been filed by the association of the Vocational Training Centres (VTCs) through its President. The necessary resolution was passed by the association authorizing the President to file the present petition on 19.11.2008. The petitioner’s association is seeking direction to the respondents to hold admission test for admitting the students in State Council for Vocational Training courses for the session 2007-08 and also to consequently sponsor the candidates to the Vocational Centres approved by the State Council for Vocational Training.

2. Mr. Shrawan Dogra, Advocate appearing on behalf of the petitioner has strenuously argued that once the institutions represented by the petitioner’s association have been permitted to run the vocational courses, the State Government is estopped from changing the rules in the middle of the game. In other words, his submission is that once the members of the petitioner’s association have spent huge amount for opening the vocational centres as per the norms prescribed by the State Government, it is incumbent upon the State to hold admission test and thereafter sponsor the candidates to the members of the petitioners institution. He then argued that the committees constituted by the State Government have already inspected the premises of the members of the petitioner’s association and had recommended various courses, including Art and Craft, Physical Training Instructor, Library Science and Ayurveda Pharmacist, on the basis of the infrastructure and wherewithal,. He lastly contended that the action of the State Government not to permit the members of the petitioner’s association in Art and Craft, Physical Training Instructor, Ayurveda Pharmacist and Library Science is arbitrary.

3. Mr. P.K. Sharma, learned Additional Advocate General and Mr.P.M. Negi, Deputy Advocate General have supported the various decisions of the State Government on the ground that it is the duty cast upon the State Government to ensure quality education.

4. We have heard the learned counsel appearing on behalf of the parties and have gone through the pleadings carefully.

5. The Government of India has appointed a committee called ‘the National Trade Certificate Notification Committee’ on the basis of the recommendations of the All India Council for Technical Education in the year 1951. The recommendations made by the committee were accepted by the Central Government. The Central Government in consultation with the State Government constituted a body called “National Council for Vocational Training” (NCVT) in the year 1956. The National Council for Vocation Training has to discharge the following functions:

1. “establish and award National Trade Certificates in engineering, building, textile and leather trades and such other trades as may be brought within its scope by the Government of India;

2. prescribe standards in respect of syallabi, equipment, and scale of accommodation, duration of courses and methods of training;

3. arrange trade tests in various trade courses and lay down standards of proficiency required for a pass in the examination leading to the award of National Trade Certificate;

4. arrange for ad hoc or periodical inspections of training institutions in the country to ensure that the standards prescribed by the council are being followed;

5. recognize training institutions run by government or by private agencies for purposes of the grant of National Trade Certificates and lay down conditions for such recognition;

6. co-opt, if necessary, any person or persons to advise the council in connection with its work;

7. prescribe qualification for the technical staff of training institutions;

8. prescribe the standards and conditions of eligibility for the award of National Trade Certificates;

9. generallycontrol the conditions for the award of National Trade Certificates;

10. recommend the provision of additional training facilities wherever necessary