The central legal point established in the judgment is that existing institutes are not required to upgrade to a minimum of four trades before applying for affiliation of additional unit in already existing trade, as per the norms of affiliation prevalent in the year 2018.

JUDGMENT

Sandeep Sharma, J. - Being aggrieved and dis-satisfied with office memorandum dated 3.2.2021, (Annexure P-9), issued by respondent No.4 in purported compliance of judgment dated 8.1.2021, passed by the Co-ordinate Bench of this Court in CWP No. 6128 of 2020, whereby respondent No.3 was directed to re-consider the case of the petitioner in accordance with applicable norms of affiliation, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India.

2. For having bird's eye view, necessary facts for adjudication of the instant case, are that the petitioner-Institute after its establishment in the year, 2011 got itself affiliated with National Council of Vocational Training (in short "NCVT") for Electrician Trade for 2 (1+1) unit. Four additional units 1+1+2 were approved in 2014, whereafter, again in the year, 2019 three more units 1+1+1 were approved in favour of the petitioner-Institute and as of today's date, petitioner-Institute is affiliated for total nine units in the Electrician trade. On 2.12.2019, online affiliation portal came to be opened up by respondent No.4 for registering ITIs aspiring to apply for extension of trades/units, for shifting as per TGT Norms and for new ITIs willing to start session. Pursuant to aforesaid initiative taken by respondent No.3, petitioner institute within a stipulated period, applied for affiliation of additional 4th base unit in Electrician trade. Sub Committee of NCVT headed by respondent No.2 conducted a joint inspection of petitioner-Institute under stages 1, II and III as provided in affiliation Norms of 2018 and after having found the petitioner institute eligible, recommended case of the petitioner for additional 4th base unit in Electrician trade vide letter dated 7.11.2020. On the basis of aforesaid recommendation of Sub- Committee of NCVT, the State council of Vocational Training (in short "SCVT"), granted affiliation to the petitioner institute for two shifts under SCVT Certificate, which is valid within the State. Based on the recommendation of NCVT Sub-committee, many aspirants applied for admission and were admitted in the institute, however, recommendation of Sub-committee NCVT was not accepted by the Recommendation Committee of respondent No.3. Recommendation Committee in its 16th meeting held on 25.11.2020, refused to recommend the affiliation of additional 4th base unit in Electrician Trade for petitioner-Institute. In the aforesaid background, petitioner approached this Court by way of CWP No. 6128 of 2020, praying therein to quash and set aside the report of Recommendation Committee of respondent No.3 qua the petitioner-Institute. Having found action of the respondents to be in total violation of affiliation norms, Division Bench of this court vide judgment dated 8.1.2021, passed following order:-

"In view of the above, we find that reasons as contained in the communication dated 9.12.2020/25.11.2020 (Annexure P-7) for rejecting the case of the petitioner seeking affiliation for additional 4th base Unit in Electrician Trade are not justified. Respondent No.3 has not considered the case of the petitioner for affiliation of additional 4th Base Unit in Electrician Trade in accordance with applicable Norms of Affiliation. Accordingly, writ petition is allowed. Annexure P-7, insofar as it pertains to rejection of the case of the petitioner is quashed and set aside. Respondent No.3 is directed to re-consider the case of the petitioner within a period of two weeks from today and pass an appropriate order in accordance with law."

3. Pursuant to aforesaid direction issued by the Division Bench, matter again came to be re-considered by the Recommendation Committee of DGT in its 19th meeting held on 15.1.2021, wherein Recommendation Committee vide office memorandum order dated 3.2.2021, while reiterating that it is mandatory to apply for re-affiliation to those ITIs, which are affiliated for more than five years and I