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IN THE HIGH COURT OF ALLAHABAD
T. S. Misra and K. S. Varma, JJ.
SUSHIL KUMAR SRIVASTAVA - Appellant
Versus
PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, FAIZABAD - Respondents
Writ Petn. 2962 Of 1979
Decided On : 01/11/1980
INDUSTRIAL TRAINING INSTITUTE ADMISSION - MERIT LIST - ADVISORY COMMITTEE - GOVERNMENT ORDER - ESTOPPEL - CANCELLATION OF ADMISSION - LEGALITY - NATURAL JUSTICE: 1. The Advisory Committee is bound to conform to the standard or norm laid down in the government order which required that selection shall be made on the basis of merits. 2. The Advisory Body or for that the Principal was not entitled to depart from it and admit those persons who did not satisfy the condition of eligibility prescribed by the standard or norm. 3. The Government has the power to undo illegalities and cancel the admissions of those persons who did not satisfy the conditions of eligibility. 4. The order canceling the admission of the petitioners and striking out their names of the rolls of Industrial Training Institute was neither arbitrary nor mala fide nor unjust. It is also not illegal. The question of violation of principles of natural justice does not arise.
Fact of the Case:
Petitioners were admitted to an Industrial Training Institute (ITI) based on their merit and after being selected by a Government-appointed Selection Committee. However, their admissions were later canceled due to irregularities in the admission process. The petitioners challenged the cancellation of their admissions, arguing that they were admitted on the basis of merit and that the opposite parties were estopped from canceling their admissions.
Finding of the Court:
The court found that the admissions of the petitioners were made in contravention of a Government Order (G.O.) dated 26th June 1978, which required that admissions be made strictly on merit. The court also found that the Advisory Committee, which was responsible for selecting candidates for admission, had departed from the norm laid down in the G.O. and had selected persons who did not fulfill the conditions of eligibility.
Issues: 1. Whether the Advisory Committee was bound to conform to the standard or norm laid down in the G.O. dated 26th June 1978? 2. Whether the Advisory Body or the Principal was entitled to depart from the norm and admit those persons who did not satisfy the condition of eligibility prescribed by the standard or norm? 3. Whether the Government had the power to undo illegalities and cancel the admissions of those persons who did not satisfy the conditions of eligibility? 4. Whether the order canceling the admission of the petitioners and striking out their names of the rolls of Industrial Training Institute was arbitrary, mala fide, unjust, or illegal? 5. Whether the question of violation of principles of natural justice arose in the case?
Ratio Decidendi: 1. The Advisory Committee was bound to conform to the standard or norm laid down in the G.O. dated 26th June 1978, which required that selection shall be made on the basis of merits. 2. The Advisory Body or for that the Principal was not entitled to depart from it and admit those persons who did not satisfy the condition of eligibility prescribed by the standard or norm. 3. The Government has the power to undo illegalities and cancel the admissions of those persons who did not satisfy the conditions of eligibility. 4. The order canceling the admission of the petitioners and striking out their names of the rolls of Industrial Training Institute was neither arbitrary nor mala fide nor unjust. It is also not illegal. The question of violation of principles of natural justice does not arise.
Final Decision: The petition was dismissed without costs.
( 1 ) THIS petition under Article 226 of the Constitution arises in the following circumstances:-
( 2 ) THERE are 67 Industrial Training Institute in Uttar Pradesh in which there are 26,560 sanctioned seats in 43 Engineering and Non-Engineering Trades, Such an Industrial Training institute also exists at Faizabad where training is imparted in 11 Engineering and non-Engineering Trades. Three hundred and ninety-two total seats are sanctioned for the institute out of which 160 seats are sanctioned for the second year classes. In August 1970 admissions were required to be made only against 232 seats in ten Trades vide admission circular of the Directorate of Training and Employment, Lucknow Dated 26th June, 1979. The state Government has appointed an Advisory Committee vide G. O. No. 2278/36. 6. 36 (T)/79 dated 26th June, 1978 to study the need of the industry in the region and suggest measures to adopt the training programmes to meet local requirements. The functions of this Advisory committee have been stated in the said Government Order. One of the functions of the Advisory committee is to select boys on the basis of their merit for receiving training at the Institute. Such an Advisory committee is also constituted at Faizabad. The Principal is required to prepare a list of the candidates in accordance with their merit and then place it before the Advisory committee. The committee is to check and ensure that the admissions are made strictly according to the merit and according to the Government Order on the subject. The State Government vide G. O. No. 2582/36-6-33 (T) 76 dated 25th August 1977 had decided for the reservation of seats in industrial Training Institutes at the time of admission.
( 3 ) IT appears from the supplementary counter-affidavit that 2937 application forms were sold from the Industrial Training Institute, Faizabad up to 25th July, 1979 and that 2059 application forms were received up to 30-7-1979. These applications were scrutinised and checked under the guidance of the Principal, Industrial Training Institute, Faizabad and were sorted out in different categories. The percentage of marks in case of each candidate in the qualifying examinations or in any higher examination were calculated and finally the merit lists were prepared on the basis of their highest percentage of marks as per instructions contained in the admission circular of the directorate dated 29th June. The Advisory Committee was to finalise the main lists of 232 candidates on the basis of merit lists and another waiting list of 161 candidates was to be drawn up on the basis of the merit list. The principal placed the merit list prepared by him before the advisory committee on 9th August. 1979. It is further revealed from the said supplementary counter-affidavit that all the application forms received in the said institute were also put up before the Advisory Committee on 9th August, 1979 and the members of the committee were apprised of the instructions of the Government in connection with admissions. The members of the committee checked various application forms. The Chairman of the committee at Faizabad is a non-official member. It so happened that in the meeting held on 9th August, 1979 the majority of the members present were non-official. It is averred in the supplementary counter-affidavit that they did not agree to approve the lists for admission in toto which were prepared by the principal according to the instructions of the Government and after a long discussion and persuasion by the principal the committee agreed to approve the names of 175 candidates on the basis of merit. However only 102 candidates turned up for admission out of those 175 candidates. They were duly admitted. In this connection it is further averred that in spite of the opposition by the Principal the Chairman was authorised to prepare a second list of candidates to accommodate their own recommendation irrespective of the merit of the candidates v
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