2023 Supreme(All) 2541
IN THE HIGH COURT OF ALLAHABAD
KSHITIJ SHAILENDRA, J.
Sukhveer And 59 Others - Petitioners
Versus
The Union of India And 3 Others - Respondents
WRIT - C NO. 6232 OF 2023.
Decided On : 10-08-2023
Advocates appeared:
For the Petitioners: Anurag Tripathi.
For the Respondents: A.S.G.I., C.S.C., Jai Prakash Rai, Rahul Kumar Mishra, Sanjay Maurya.
Headnote:(A) Constitutional Law - Violation of Negligence in Educational Institution - Compliance with admission procedures and timely data uploading are critical for eligibility in examinations. (Paras 5, 20)
(B) Regulatory Oversight - The duty of institutions to adhere to established protocols and the role of regulatory bodies in safeguarding standards is paramount. (Paras 6, 10)
(C) Inquiry Procedures - Proper procedures for ensuring accountability and rectifying grievances in educational admissions must be followed. (Paras 17-21)
Facts of the case:
Petitioners applied for admission to an I.T.I., completed formalities, paid fees, and attended classes, but were barred from examinations due to the institution’s negligence in data uploading by the deadline.
Findings of Court:
The institution neglected its duties by not uploading necessary data on time, thus jeopardizing the academic careers of the petitioners, resulting in the dismissal of their writ petitions.
Issues: Whether the institution’s negligence in data uploading impeded the petitioners' right to take their examinations and what regulatory actions should follow.
Ratio Decidendi: The court emphasized the necessity of regulatory oversight and adherence to proper admission protocols, concluding the failings of the institution warranted no relief for the petitioners.
Result: Writ petitions dismissed.
| Table of Content |
|---|
| 1. petitioners allege failure in data upload by iti. (Para 4 , 5) |
| 2. court seeks clarity on iti admissions. (Para 10 , 11) |
| 3. admissions not compliant with legal norms. (Para 18 , 19 , 20 , 21) |
| 4. no grounds for petitioners' relief established. (Para 23 , 24) |
JUDGMENT
Kshitij Shailendra, J.
Compliance affidavit filed today is taken on record.
2. Heard Shri Anurag Tripathi, learned counsel for the petitioners, Shri Jai Prakash Rai for respondent nos.1, 2 and 5, Shri J.N. Maurya for respondent no.3, Shri Sanjay Maurya for respondent no.4 and perused the record.
3. The issue involved in all the connected writ petitions is same and, therefore, these writ petitions are being heard together and decided by a common judgement.
4. This writ petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 25.01.2023 passed by the respondent no.2, a copy whereof is contained in Annexure-1 to the writ petition;
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 & 3, respectively, to open NCVT MIS (DGT) & RVPPUP (state council for vocational training, I.T.I. Aliganj, Lucknow, U.P.) should be made so that online data of I.T.I. Examination 2022- 23 of the Petitioners (first year trainee of two years course) may be uploaded in respect of the institutions where they taken their admission after completing entire formalities and depositing the prescribed fee of Rs. 250/- on the official website respondent no.3 for registration and Rs. 10,000/- towards course fees with the college-respondent no.4:"
5. The limited grievance of the petitioners in the present case is that though they applied within time i.e. on or before 29.10.2022 seeking admission in the respondent-Institution (I.T.I.), for one or the other reason, the respondent no.4-Institution could not and did not upload data on the website of respondent no.3 before 30.10.2022 which was notified as the last date for the said purpose. The grievance, therefore, is that on account of inaction on the part of respondent no.4, the petitioners have suffered and their academic careers in the concerned course have come under jeopardy.
6. Various affidavits have been exchanged in the present case.
7. This Court took lot of pains in appreciating the rival contentions of the parties and passed a very detailed order on 23.05.2023 which is reproduced as follows:-
"Shri Anurag Tripathi, learned counsel for the petitioner is permitted to implead "National Council for Vocational Training through its Director, Employment Exchange Building, Pusa Campus, New Delhi" as co-respondent No.5 in the array of the parties to the writ petition during the course of the day.
Compliance affidavit filed by the respondents No.1 and 2 is taken in the record.
Supplementary affidavit-I and supplementary affidavit filed by the learned counsel for the petitioner are taken in the record.
Affidavit in reply to the counter affidavit filed on behalf of the respondent No.3 filed by the learned counsel for the respondent No.4 and affidavit in reply to the counter affidavit filed on behalf of the respondents No.1 and 2 filed by the learned counsel for the respondent No.4 as well as counter affidavit in reply to the second supplementary affidavit dated 23.02.203 filed by the learned counsel for the respondent No.4 are taken in the record.
Shri Bhanu Pratap Singh, Principal of Institution is present before the Court.
Personal appearance of the Principal of Institution is exempted unless otherwise ordered by the Court.
Heard Shri Anurag Tripathi, learned counsel for the petitioner, Shri Jail Prakash Rai, learned counsel for the respondents No.1 and 2-Union of India, Shri J.N. Maurya, learned Standing Counsel for the respondent No.3-SCVT and Shri Sanjay Maurya, learned counsel for the respondent No.4- ITI.
Counter affidavit filed on behalf of the respondents No.1 and 2-Union of India is taken in the r
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