Aakashline Private Industrial Training Institute v. Directorate General of Employment & Training (Dge & T)
2013-09-03
V.K.JAIN
body2013
DigiLaw.ai
JUDGMENT : V.K. Jain, J. The petitioner is a society established, inter alia, with the objective to provide vocational and technical education to children by seeking recognition and affiliation from the concerned Government Departments and Authorities. The petitioner, seeking affiliation for starting a new training course for electricians, applied to the respondent Directorate General of Employment and Training to start a new training course. The procedure in this regard is notified on the website of respondent No. 1-Directorate General of Employment and Training and envisages application to the respective State/UT Director, who is required to scrutinize the application and after judging the authenticity and financial position of the applicant, convey provisional permission in the deserving cases and also ask them to make necessary arrangement for pre-inspection by the concerned State/UT. The Management of the institute has to thereafter make necessary arrangements and create infrastructural facilities as per the prescribed norms. After a preliminary inspection is carried out and a report is submitted, the State Director scrutinizes the said report and constitutes a Standing Committee for inspection. The said Standing Committee, after carrying out the inspection, may recommend affiliation for the deserving trades/units. The report of the Standing Committee is scrutinized by the Directorate General of Employment and Training for ascertaining compliance procedure. The final orders conveying grant of affiliation are to be issued by the Secretary, National Council for Vocational Training. 2. After submission of the application by the petitioner on 29.09.2011, a pre-inspection was carried out on 19.01.2012 and the Committee carrying out the preliminary inspection, being satisfied with the basic infrastructure and relevant documents/papers, recommended that the applied Trade Electrician having 1+1 is equal to two units may be considered for grant of affiliation with NCVT. 3. Vide communication dated 18.05.2012, the petitioner was informed that the inspection by the Standing Committee would be carried out on 24.05.2012 and the machinery tool and equipment and other related infrastructure may be kept ready for the inspection. The said Standing Committee, after carrying out inspection on 24.05.2012, recommended for grant of affiliation, sought by the petitioner, to be started in August, 2012. 4.
The said Standing Committee, after carrying out inspection on 24.05.2012, recommended for grant of affiliation, sought by the petitioner, to be started in August, 2012. 4. However, the affiliation sought by the petitioner was rejected by respondent No.1 vide communication dated 24.08.2012, on the ground that in the Standing Committee Inspection Report, electrician workshop was not shown in the layout plan and the layout plan submitted with clarification showed that the laboratory was in ‘L’ shapes with varying dimensions, which were not suitable for training. 5. It would thus be seen that the application of the petitioner for grant of affiliation was rejected solely on the ground that the laboratory was in ‘L’ shape with varying dimensions and for this reason alone, it was not suitable for training. Vide communication dated 4.09.2012, the Government of NCT of Delhi, conveyed to respondent No. 1 that as per its norms/guidelines published on the website and communicated to the State only space is prescribed and the petitioner institute had submitted a layout plan which clearly showed that there was no blind space/hindrance to the supervision by instructor. It was, therefore, recommended that the case of the petitioner may be reviewed. However, despite recommendation made by Government of NCT of Delhi, the application of the petitioner was again rejected vide communicated dated 25.09.2012, on the same ground on which it was rejected earlier. Thus, the application of the petitioner seeking affiliation for electrician trade stands rejected by respondent No. 1 solely on the ground that the laboratory was in ‘L’ shape and, therefore, was not suitable for the purpose of safety and monitoring. 6. Admittedly, there is no specific norm prescribed by respondent No. 1 as regards the shape of the laboratory. The brochure available on the website of respondent No. 1 does not prohibit a laboratory having an ‘L’ shape. There can be no denial that considering the nature of the trade sought to be started by the petitioner, the shape of the laboratory should be such that there is proper inspection by the Supervisor so that no safety issue arises on account of the shape of the laboratory. During the course of arguments, it was submitted by the learned counsel for the respondents that if the laboratory is ‘L’ shape, it will not be possible for the supervisor to constantly monitor the working of all the trainees.
During the course of arguments, it was submitted by the learned counsel for the respondents that if the laboratory is ‘L’ shape, it will not be possible for the supervisor to constantly monitor the working of all the trainees. The learned counsel appearing for the petitioner states, on instructions, that to allay any apprehension regarding safety of the trainees, the petitioner is agreeable to employ two instead of one instructor, so that they have no difficulty in monitoring the working of the trainees o account of ‘L’ shape of the laboratory. Considering that no particular shape for the laboratory has been prescribed by way of norms/rules and the petitioner is ready to employ two instructors so as to obviate any apprehension with respect to safety of the trainees, I see no reason why the respondents should not grant affiliation to the petitioner for the said course, particularly when there is no other objection to the grant of the said affiliation. 7. During the course of arguments, the learned counsel for the respondents submitted that the affiliation was sought for the year 2012-2013, which is already over. The learned counsel for the petitioner, on the other hand, submits that if affiliation is granted, they can start the course in the year 2013-2014 itself. Be that as it may, the only issue which arises for consideration in this writ petition is as to whether the respondents were justified in denying affiliation to the petitioner merely on account of the laboratory being ‘L’ shaped and the petitioner having agreed to employ two instructors, the question whether the petitioner can start the said course in the year 2013-2014 at this stage is not an issue which arises for consideration in this writ petition. Accordingly, the writ petition is disposed of with a direction to the respondent to grant affiliation to the petitioner for the electrician course, subject to the petitioner employing two instructors who will be stationed in the laboratory throughout the course of training. If it is found that in any time the said two instructors are not present in the laboratory, it shall be open to the respondent to withdraw the affiliation forthwith. Affiliation shall be issued within two weeks from today. 8. The writ petition stands disposed of.