The guidelines issued by the NCVT were not binding on the State Governments in determining the eligibility criteria for Craft/Vocational Instructors.

1. In all the six petitions, referred to above, challenge has been made to the eligibility criteria for the posts of Craft/Vocational Instructors. In some of the petitions, on different dates, interim orders were passed. For dealing with those interim orders, the facts are being taken from CWP No. 22757 of 2011.

2. In this petition, the petitioners are seeking quashing of Rule 5 (Appendix-B) of the Punjab Industrial Training (Class-III) Technical Service Rules, 2001 prescribing qualification for appointment of Craft/Vocational Instructors to the extent that candidates possessing Diploma in Engineering from a private institute have been made eligible for the post of Craft Instructor. The qualification of Turner Instructor as laid down under the Rules 2001 is reproduced below:--

"xxii - Turner Instructor:

i) Should possess Diploma in Mechanical Engineering from a recognized university or institution; and

ii) Should possess at least two years practical experience in an organisation registered under the Factories Act, 1948 or at least two years teaching experience in a Government Institution or an Institution recognized by the Government.

Or

i) Should possess National Trade Certificate/National Apprenticeship Certificate in Turner Trade from national Council for Vocational Training.

ii) Should have passed Craft Instructors Training Course from Central Training Institute/Advance Training Institute in Turner Trade from National Council for Vocational Training. and

iii) Should possess at least two years practical experience in an organisation registered under the Factories Act, 1948 or at least two years teaching experience in the line in a Government Institution or an Institution recognized by the Government."

3. Petitioners have also impugned the advertisement dated 2.3.2013 (Annexure P-8) inviting applications for 216 posts of Craft Instructors on regular basis as per the qualifications prescribed in the aforementioned Rules.

4. The case of the petitioners is that the National Council for Vocational Training (for short 'NCVT') issued guidelines dated 29.9.2010 (Annexure P-5) to all the States/Union Territories making recommendations to enhance the qualification required for the posts of Vocational Instructors in Industrial Training Institutes. It proposed that Vocational Instructors, teaching Trade, Theory including Workshop, Calculation, Science and Engineering Drawing, should possess, apart from minimum academic qualifications of 10+2 and 3 years diploma in the appropriate branch of engineering from recognized institutions and in addition the teaching qualification namely Certificate under Craft Instructor Training Scheme (one year course) or should have successfully completed minimum two modules, teaching methodology module (three months duration) (six month duration) under Craft Instructor Training Programme on module pattern, or should have passed one year course from Technical Teachers Training Institute (TTTI) under Ministry of Human Resource Development. It further proposed that for Vocational Training Instructor (Practical) apart from academic qualification, the candidate should possess the qualification of NTC/CAC for trade.

5. The petitioners after 10+2, have passed 1-2 years training course in different Engineering Trades from the Punjab State Board of Technical Education and Industrial Training and have been awarded National Trade Certificate. They have also successfully completed their Craft Instructor Training at Advanced Training Institute, Ludhiana and have been issued National Craft Instructor Training Certificates.

6. It is their case that the guidelines issued by the NCVT are binding upon the State Governments being referable to Entry 66 List-I of the VII schedule of the Constitution relating to the 'Coordination and Determination of standards in Technical Education' and consequently the first part of the Rule, whereby, candidates possessing diploma in Mechanical Engineering from a recognised University are made eligible f

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