The court emphasized that the rejection of the petitioner's case for affiliation must be in accordance with the applicable Norms of Affiliation, and the reasons provided for rejection must be justified.

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Petitioner is a private institute imparting Industrial Training (ITI). Its application for affiliation of additional 4th base Unit in Electrician Trade has been rejected by respondent No. 3 vide communication dated 25.11.2020/9.12.2020. Aggrieved, instant writ petition has been preferred.

2(i). Petitioner institute was established in the year 2011 and was affiliated with National Council of Vocational Training (in short NCVT) for Electrician Trade initially for 2(1+1) Units. 4 additional units (1+1+2) in 2014 and 3 more units (1+1+1) in the year 2019 were approved for it. As of now, this ITI is affiliated for total of 9 units in Electrician Trade.

2(ii). On 2.12.2019 vide Annexure P-2, online affiliation portal was opened by respondent No. 3 for existing ITIs wishing to apply for extension of Trades/Units, for shifting (as per DGT norms) and for new ITIs willing to start session. The last date for submitting online applications was 28.2.2020. Pursuant to the link so generated on the web portal of respondent No. 3, petitioner institute, within the stipulated period applied for affiliation of an additional 4th base Unit in Electrician Trade alongwith deposit of requisite fees.

2(iii). As per Affiliation Norms-2018, process of affiliation is spread over three stages. Sub-Committee of NCVT headed by respondent No. 2 conducted a joint inspection of petitioner institute under Stages I, II & III. After completion of all stages of affiliation process, the Sub-Committee of NCVT vide letter dated 7.11.2020 recommended the case of the petitioner institute for additional 4th Base Unit in Electrician Trade.

2(iv). As per averments made in the writ petition, on the basis of recommendation of NCVT Sub-Committee, the State Council of Vocational Training (in short SCVT) granted affiliation to the petitioner institute for two shifts under SCVT certificate. SCVT certificate is valid within the State, whereas NCVT is valid throughout India. Based on the recommendation of NCVT Sub-Committee, many aspirants applied for admissions and were admitted in the institute.

2(v). Recommendation of NCVT Sub-Committee was placed before the Recommendation Committee of respondent No. 3 (DGT). The Recommendation Committee of respondent No. 3 in its 16th meeting held on 25.11.2020, did not recommend the affiliation of additional 4th base Unit in Electrician Trade for the petitioner. The minutes of this meeting were forwarded to respondent No. 2 on 9.12.2020. Aggrieved against non-approval of additional 4th base Unit in Electrician Trade, instant writ petition has been preferred for the following reliefs:-

"i. In view of the submission made hereinabove it is most humbly prayed that present petition may kindly be allowed and Annexure P-7 (Recommendation Committee DGT, report qua the petitioner institute may kindly be quashed and set-aside being illegal, unwarranted and untenable in the eyes of law.

ii. Respondent No. 3 may kindly directed to recommend that case of the petitioner for the additional 4th base unit (1+1+1) for electrician trade as per the Joint Committee report of NCVT Sub-Committee."

3(i). The Recommendation Committee in its meeting held on 25.11.2020 has given following reasons for not recommending the case of petitioner institute:-

It is evident that 4th Base Unit in Electrician Trade in petitioner institute was not approved by respondent No. 3 on the ground that 'petitioner ITI was more than 5 years old and should apply for minimum 4 for affiliation by session 2021'. The reasons for rejecting the case of the petitioner, as contained in the impugned communication (extracted above) are not clearly worded. It does not stand to reason that an ITI in existence for five years should apply for minimum 4 for affiliation and having not applied for "minimum 4 for affiliation", its case for affiliation of 4th additional unit in Electrician Trade cannot be approved.

3(ii). It is the case of the petitioner that it had applied for add