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Court No. - 35

Case :- WRIT - C No. - 14718 of 2022

Petitioner :- Ajit Kumar Singh Private I.T.I. And Another

Respondent :- Union Of India And 7 Others

Counsel for Petitioner :- Sudeep Dwivedi,Prabhakar Awasthi

Counsel for Respondent :- A.S.G.I.,Anay Kumar

Srivastava,C.S.C.,Ravindra Singh

Hon'ble Jayant Banerji,J.

Heard Shri Prabhakar Awasthi, learned counsel for the

petitioner. Notice on behalf of the respondent nos. 1 and 2 has been

accepted by the office of the Additional Solicitor General of India.

Respondent nos. 2 to 6 are represented by learned Standing

Counsel. Shri Anay Kumar Srivastava, learned counsel appears for

the respondent nos. 7 and 8, who has filed a short counter affidavit

today and the same is taken on record.

The order dated 24.3.2022 which is under challenge in this

petition has been passed by the Deputy Director pursuant to the

judgement dated 19.1.2022 passed in Writ-C No. 437 of 2022. The

operative part of the order dated 19.1.2022 is as follows:

"6. Accordingly, the present petition is disposed of with a

direction upon respondent no.2 - Deputy Director (T.C.) Pusa

Campus, D.G.T., M.S.D.E., New Delhi, to create a necessary

ID for the purpose of uploading details of the students

admitted to the aforesaid institution. That portal may be

created and operated by respondent no.2 or a person

authorized by him. This measure may be adopted as an interim

measure pending final dispute resolution between the

petitioners and the private respondents. For the purpose of

uploading the details of the students admitted at the aforesaid

institution, respondent no.2 may remain authorized to conduct

a proper enquiry either by himself or through any

person/authority that he may deem fit and proper, in

accordance with law. Upon such verification made, details of

the students found admitted in accordance with law, may be

uploaded on the portal. For the purpose of above exercise

following timelines may be indicated:

(i) The ID may be created within period of two weeks from

today.

(ii) The enquiry as to the validity of the admissions granted by

the aforesaid institution may be concluded within a period of

two months from today.

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(iii) The details of the students found legally admitted, may be

uploaded on the portal, within a further period of 15 days

therefrom.

7. It is made clear that the Court has not adjudicated the merits

of the inter se dispute between the private parties."

The contention of the learned counsel for the petitioner is

that the Deputy Director has exceeded his brief as mentioned in the

judgement dated 19.1.2022 passed by this Court in the previous

writ petition and has proceeded to decide the dispute itself whereas

he was only required to create an I.D. on which the details of the

students could be uploaded.

The relevant part of the order dated 24.3.2022 is as follows:

"2. Whereas, there is a Standard procedure for uploading and

verification of data of trainee(s) on NCVT MIS portal which is

mentioned, in short, hereunder:-

i. ITI can take admissions during academic schedule only

against sanctioned seats or units which are duly affiliated with

NCVT.

ii. After taking admissions of trainees, ITI needs to send data of

admitted trainees in a prescribed template or has to upload the

same on online portal of respective State Directorate (herein

after referred as State Project Implementation Unit, in short

"SPIU") whichever option is made available by the concemad

SPIU.

iii. The concerned SPIU needs to verify and upload/migrate the

data on NCVT MIS Portal.

iv. Thereafter, trainee can verify the data via NCVT MIS Public

portal.

That, the abovesaid detail will be submitted to respective ITI i.e.

creator for further verification.

v. ITI through its creator id can see all the verified data from

trainee under Menu <> ITI <> Academic <> Admitted Trainee

Details <> Edit Trainee tab on NCVT MIS Portal. ITI can

directly click on search to see enti