ORDER The petitioner prays for setting aside the order dated 3.5.2011 (Annexure-13) passed by the Joint Director Training, Labour Department, Government of India, whereby the representation of the petitioner dated 15.11.2010 has been rejected. In effect, the petitioner seeks shifting of date of affiliation/recommendation from February, 2011 to August, 2010. 2. The petitioner is an industrial training institute duly registered under the Societies Registration Act. In light of the advertisement dated 7.11.2009 issued by the Labour Department, the petitioner applied for imparting training under trade of Electrician and Feeder and made a request for No Objection Certificate from the department. The said authorities gave No Objection on 3.3.2009 with a further direction to the petitioner to submit all the requisite information and papers as per Annexure-3. On 29.4.2010 the petitioner submitted all requisite papers as per Annexure-3 for conducting an inspection. The Director, Employment and Training through memo dated 4.5.2010 directed the Principals of two Industrial Training Centres for preliminary inspection of petitioner’s Institute (Annexure-3). The inspection team submitted its report on 8.5.2010 after duly verifying all the documents contained in Annexure-3. On 11.5.2010 the Director, Employment and Training, Bihar sent the entire files along with inspection report to Regional Office of National Council of Vocational Training (hereinafter referred as NCVT) situated at Calcutta and requested for inspection by Regional Office (Annexure-4). In light of the letter dated 4.6.2010 of Regional Office, NCVT, Calcutta, the Director of Labour, Employment, Labour Department constituted a Standing Committee/Scrutiny Committee for purposes of making recommendation for affiliation to Director General, Employment and Training, Government of India. The date of inspection was fixed between 21.6.2010 to 26.6.2010. 3. The inspection of petitioner’s centre was scheduled for 21.6.2010 (Annexure-5). After inspection, the Director, Labour Employment forwarded the inspection report to the Director General, Employment and Training, Government of India vide letter dated 26.6.2010 (Annexure-6 & 7). The Standing Committee did not recommend the petitioner’s case for affiliation because of two deficiencies namely (a) meter sealing report was not available and (b) bills for purchase of tools and equipments are not enclosed. The petitioner on 3.9.2010 represented to the Director, Employment and Training, Labour Department, Government of Bihar for recommending his case for affiliation to NCVT as it fulfilled the requisite requirements (Annexure-8). The Director, Employment and Training, Labour Department, Government of Bihar vide its letter dated 14.9.2010 explained the matter to the respondent no.3 vide Annexure-9. The petitioner on 3.9.2010 represented to the Director, Employment and Training, Labour Department, Government of Bihar for recommending his case for affiliation to NCVT as it fulfilled the requisite requirements (Annexure-8). The Director, Employment and Training, Labour Department, Government of Bihar vide its letter dated 14.9.2010 explained the matter to the respondent no.3 vide Annexure-9. On 31.10.2010 the respondents 2 and 3 granted affiliation to the petitioner Institute w.e.f. February, 2011 (Annexure-10). 4. Being aggrieved, the petitioner represented to the authorities for shifting the date of recognition to August, 2010. The petitioner in his representation stated that the institutions which were inspected along with the petitioner’s centre round about the same time have been recommended affiliation from August, 2010. The petitioner states that in anticipation of affiliation it has enrolled students for the 2010 sessions. As the petitioner did not receive any positive response from respondents it filed C.W.J.C. No.20466 of 2010, which was disposed of 22.2.2011 with a direction to respondent no.3 to consider the representation and pass an appropriate order in accordance with law. The Joint Director, Labour Department, Government of India vide its order dated 3.5.2011 rejected the representation of the petitioner. According to the petitioner no material reason has been given for rejection of his representation. It appears that a learned Single Judge vide order dated 16.7.2012 in substance observed that examination form of petitioner’s centre should be accepted. A copy of the order dated 16.7.2012 is quoted herein below: “Learned counsel for the respondents is directed to file the counter affidavit within a period of four weeks. If the affiliation is there of the college with the NCVT and the petitioner institution is duly functioning and has deposited the examination fees of all the students, their examination forms shall be accepted provisionally. Put up after four weeks”. 5. The petitioner has filed I.A. No.7984 of 2012 for a direction to the Controller of Examination, Respondent no.9 to publish/hand over the result of the students of petitioner’s institution who appeared in All India Trade Test(AITT) July, 2012 Examination for the sessions August 2010 to July, 2012. 6. Put up after four weeks”. 5. The petitioner has filed I.A. No.7984 of 2012 for a direction to the Controller of Examination, Respondent no.9 to publish/hand over the result of the students of petitioner’s institution who appeared in All India Trade Test(AITT) July, 2012 Examination for the sessions August 2010 to July, 2012. 6. A counter affidavit has been filed on behalf of respondent no.3, wherein it has been stated that the petitioner’s application for affiliation was rejected because of two deficiencies; (i) firstly the meter sealing report was not available and (ii) secondly the bills for purchase of tools and equipments are not enclosed. Later on, on 13.10.2010 the affiliation was granted w.e.f. February, 2011 in accordance with guide lines with respect to affiliation of Trade/Units of ITI/ITC with NCVT. Guide lines no.3 states that as per new procedure decided by NCVT on 23.11.2008, the effective date of affiliation is date on which the affiliation is granted by Sub Committee of NCVT for affiliation. Example- (a) Affiliation granted from 1st January to 30th June will be effective from sessions beginning August of the same year; (b) affiliation granted from 1st July to 31st December will be effective from the sessions beginning February of next year. 7. The respondents state that the affiliation would be only prospective and not retrospective and the Institute should not have admitted the students in any particular session without recognition. In support of their submissions, the respondents have relied upon a decision of the Hon’ble Apex Court in the case of State of Tamil Nadu & Ors vs. ST. Joseph Teachers Training Institute & anr reported in (1991) 3 SCC 87 . 8. The petitioner states that the impugned order granting affiliation from 13.10.2010 with an academic session starting from February, 2011 is bad in law. The petitioner further states that if there was any deficiency, the same could have been pointed to him and he could have rectified the same within time. The petitioner states that most of the Institutes which were inspected along with its Institution on 28.6.2010 has been granted affiliation w.e.f. the said date, allowing them academic session from August, 2010 itself. The petitioner states that the Standing Committee dated 28.6.2010 committed an error of record when they stated that the bills for purchase of tools and equipments are not enclosed. The petitioner states that the Standing Committee dated 28.6.2010 committed an error of record when they stated that the bills for purchase of tools and equipments are not enclosed. The petitioner submits that in fact it has enclosed all the bills for purchase of tools and equipments in Annexure-3 and has reiterated the aforesaid fact in his representation dated 3.9.2010. So far as other defect that he has not enclosed meter sealing report is also defective, the petitioner submits that in fact the same has been submitted but not in appropriate format. The petitioner states that in this respect his case would be similar to Shree Balajee ITC who admittedly did not submit meter sealing report in prescribed format of Electricity Board, still Shree Balajee ITC whose inspection was done on 19.6.2010 has been granted affiliation w.e.f. 26.8.2010. The petitioner’s case is thus partly founded on claiming parity with Shree Balajee ITC so far as issue of non-submission of meter sealing report is concerned, and partly on error of record committed by the respondents with respect to non-submission of bills with respect to purchase of tools and equipments. The case of the petitioner is that it has too submitted meter sealing report like Shree Balajee ITC, but not in appropriate form. Further case of the petitioner is that pursuant to the order of this court the students have filled up examination forms and appeared in examination on the basis of admit cards issued by appropriate authorities. However, their results have been withheld. Further more, many of the trainees have got job in private firms and government undertakings and in case their results are not published they may lose their jobs. 9. It appears from the stand of the respondents that the application of the petitioner Institute was rejected on two grounds i.e. non submission of meter sealing report and non-submission of bills with respect to purchase of tool and equipments. The case of the petitioner is founded on the ground that the respondents have erred in appreciating the materials on record. The first assertion of the petitioner is that the respondents overlooked the fact that the bill for purchase of tools and equipments were part of the documents which was available on the record at the time of screening by the Standing Committee on 21.6.2010. The first assertion of the petitioner is that the respondents overlooked the fact that the bill for purchase of tools and equipments were part of the documents which was available on the record at the time of screening by the Standing Committee on 21.6.2010. With respect to the first defect, the petitioner submits that the respondents have again committed an error by rejecting the application on the ground that no meter sealing report was filed. The petitioner with reference to Annexure-7 submits that in fact the meter sealing report was very much part of documents along with Annexure-3 available on record at the time of inspection by the Standing Committee. The case of the petitioner is that the report was not furnished in appropriate format but it is wrong to say that no report was furnished. The petitioner states that similar were the situations in case of Shree Balajee ITC which too had not furnished the meter sealing report in appropriate format. However, the said ground was ignored while granting affiliation to Shree Balajee ITC from August, 2010 session. If the contention of the petitioner is correct, it would be entitled to similar treatment as provided to Shree Balajee ITC which was granted affiliation from August, 2010 session. The said treatment would be subject to scrutiny of the other assertion of the petitioner that the bills for purchase of tools and equipment were also on record. 10. In the circumstances, the matter is remanded to the Director General Employment and Training, Labour Department, Government of India (NCVT) (respondent no.3) on these specific issues. In case, the respondent no.3 finds the assertion of the petitioner to be correct, it cannot deny affiliation to the petitioner Institute from August, 2010. The respondent no.3 would decide the matter within a period of two months from the date of receipt/production of a copy of this order after providing personal hearing to the petitioner. 11. With the aforesaid observations and directions, this writ application stands disposed of.