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2015 DIGILAW 815 (PNJ)

Sham Lal Bishnoi v. Union of India

2015-04-30

HARINDER SINGH SIDHU, SATISH KUMAR MITTAL

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1. In all the six petitions, referred to above, challenge has been made to the eligibility criteria for the posts of Craft/Vocational Instructors. In some of the petitions, on different dates, interim orders were passed. For dealing with those interim orders, the facts are being taken from CWP No. 22757 of 2011. 2. In this petition, the petitioners are seeking quashing of Rule 5 (Appendix-B) of the Punjab Industrial Training (Class-III) Technical Service Rules, 2001 prescribing qualification for appointment of Craft/Vocational Instructors to the extent that candidates possessing Diploma in Engineering from a private institute have been made eligible for the post of Craft Instructor. The qualification of Turner Instructor as laid down under the Rules 2001 is reproduced below:-- "xxii - Turner Instructor: i) Should possess Diploma in Mechanical Engineering from a recognized university or institution; and ii) Should possess at least two years practical experience in an organisation registered under the Factories Act, 1948 or at least two years teaching experience in a Government Institution or an Institution recognized by the Government. Or i) Should possess National Trade Certificate/National Apprenticeship Certificate in Turner Trade from national Council for Vocational Training. ii) Should have passed Craft Instructors Training Course from Central Training Institute/Advance Training Institute in Turner Trade from National Council for Vocational Training. and iii) Should possess at least two years practical experience in an organisation registered under the Factories Act, 1948 or at least two years teaching experience in the line in a Government Institution or an Institution recognized by the Government." 3. Petitioners have also impugned the advertisement dated 2.3.2013 (Annexure P-8) inviting applications for 216 posts of Craft Instructors on regular basis as per the qualifications prescribed in the aforementioned Rules. 4. The case of the petitioners is that the National Council for Vocational Training (for short 'NCVT') issued guidelines dated 29.9.2010 (Annexure P-5) to all the States/Union Territories making recommendations to enhance the qualification required for the posts of Vocational Instructors in Industrial Training Institutes. 4. The case of the petitioners is that the National Council for Vocational Training (for short 'NCVT') issued guidelines dated 29.9.2010 (Annexure P-5) to all the States/Union Territories making recommendations to enhance the qualification required for the posts of Vocational Instructors in Industrial Training Institutes. It proposed that Vocational Instructors, teaching Trade, Theory including Workshop, Calculation, Science and Engineering Drawing, should possess, apart from minimum academic qualifications of 10+2 and 3 years diploma in the appropriate branch of engineering from recognized institutions and in addition the teaching qualification namely Certificate under Craft Instructor Training Scheme (one year course) or should have successfully completed minimum two modules, teaching methodology module (three months duration) (six month duration) under Craft Instructor Training Programme on module pattern, or should have passed one year course from Technical Teachers Training Institute (TTTI) under Ministry of Human Resource Development. It further proposed that for Vocational Training Instructor (Practical) apart from academic qualification, the candidate should possess the qualification of NTC/CAC for trade. 5. The petitioners after 10+2, have passed 1-2 years training course in different Engineering Trades from the Punjab State Board of Technical Education and Industrial Training and have been awarded National Trade Certificate. They have also successfully completed their Craft Instructor Training at Advanced Training Institute, Ludhiana and have been issued National Craft Instructor Training Certificates. 6. It is their case that the guidelines issued by the NCVT are binding upon the State Governments being referable to Entry 66 List-I of the VII schedule of the Constitution relating to the 'Coordination and Determination of standards in Technical Education' and consequently the first part of the Rule, whereby, candidates possessing diploma in Mechanical Engineering from a recognised University are made eligible for the post of Craft Instructors is ultra-vires being in contravention of the above guidelines. 7. It is pleaded that minimum qualification for entry/admission to the Craft Instructor Course is (i) matriculation or equivalent exam (ii) Diploma in Engineering or National Apprenticeship Certificate or National Trade Certificate with one year experience. It is stated that Craft Instructor Training Course is a higher teaching qualification than Diploma in Engineering and National Trade Certificate/Apprenticeship Certificate and that Craft Instructor Training Course has been specially designed to provide teaching knowledge to the candidates. Thus, Craft Instructor Training Course cannot be equated with Diploma in Engineering. It is stated that Craft Instructor Training Course is a higher teaching qualification than Diploma in Engineering and National Trade Certificate/Apprenticeship Certificate and that Craft Instructor Training Course has been specially designed to provide teaching knowledge to the candidates. Thus, Craft Instructor Training Course cannot be equated with Diploma in Engineering. For this reason also, it is contended that holders of Diploma in Engineering cannot be equated with the petitioners who have passed the Craft Instructors Training Course and have been issued certificates by the NCVT. 8. In the reply filed on behalf of respondent No. 1, it has been stated that the guidelines Annexure P-5 relied on by the petitioners are mere advisories issued by the Union of India and are not binding on the State Governments. It is stated that the State Governments are competent to frame the additional qualifications in their service rules, as per their requirement. It has been stated that the Union of India has issued the training manual for Industrial Training Institutes and Centres as updated upto April, 2002 (Annexure R-1) clearly stipulating that the Central Agency will discharge their responsibilities regarding the craftsmen training in consultation with the State Governments. The training manual issued by the Government of India is just an advisory and is not a binding guideline upon the State Governments. 9. When this case was listed after notice of motion, vide order dated 26.7.2013, it was ordered that selection, if any, shall be subject to the final outcome of the writ petition. The said order was modified on 18.9.2013 to the extent that the selection process pursuant to the advertisement dated 2.3.2013 may continue, however, its result shall not be declared, till further orders. 10. Thereafter, on 12.2.2015, the interim order was further modified as under:-- "After hearing counsel for the parties, we modify the interim order dated 26.7.2013 to the extent that let the result be declared and thereafter, it should be informed as to how many petitioners and private respondents have cleared the examination. Thereafter, further orders with regard to issuance of appointment will be considered." 11. Ms. Chatrath appearing for the petitioners has stressed that the National Council of Vocational Training has been set up by the Government of India in the year 1956 as a need was felt to ensure and maintain uniformity in standards of industrial training all over the country. Thereafter, further orders with regard to issuance of appointment will be considered." 11. Ms. Chatrath appearing for the petitioners has stressed that the National Council of Vocational Training has been set up by the Government of India in the year 1956 as a need was felt to ensure and maintain uniformity in standards of industrial training all over the country. She has argued that the State Government cannot be permitted to frame rules in derogation of the guidelines of the NCVT which have been duly accepted by the Central Government and circulated by it to all the States 12. To the contrary Mr. H.S. Sethi, Learned Additional Advocate General appearing for the State of Punjab, has, besides referring to the written statement filed on behalf of respondent No. 1 also referred to the letter dated 7.4.2014 (Annexure R-2/1) sent by the Director (Project) Government of India, Ministry of Labour & Employment, DGE&T to the State Director, Technical Education & Industrial Training, Punjab, informing that the qualification of Vocational/Craft Instructors prescribed by NCVT are guidelines for the States and they may have their own Recruitment Rules for recruitment of their employees based on these guidelines. With particular reference to the Craft Instructor Training, it has been stated in the letter that the said training is not compulsory for recruitment of Craft Instructor and Instructors for Advanced Modules of CoE. 13. Mr. Patwalia, Learned Senior counsel representing some respondents has referred to a further communication dated 27.5.2014 from the Government of India, Ministry of Labour and Employment, Directorate General of Employment & Training to the Secretaries/Principal Secretaries/Directors, Vocational Training of all States/UT Administrations, relevant part of which reads as under:-- "The 41st meeting of the National Council for Vocational Training (NCVT) under the Chairmanship of Hon'ble Minister of Labour & Employment was held on 30th April, 2014. Norms for Instructor qualification for trades under Craftsmen Training Scheme was discussed vide Agenda item No. 4103.1 in the meeting. xxx xxx Council approved that for every unit in a trade, one of the Instructors appointed should be with professional qualification as ITI pass-outs with National Craft Instructor Certificate (for trades where Craft Instructor Training courses was available) and one should be with professional qualification as degree/diploma holder, who will be trained in CITS in prescribed time as per following academic as well as technical qualification. Qualification Experience in trade relevant Academic Technical 10th class or equivalent “Four years Degree in Engineering’ Three years Diploma in “appropriate branch of Engineering One year for degree and two years for Diploma National Apprenticeship Certificate in trade or National Craft Instructor Certificate (for those trades where courses under Crafts Instructor Training courses are available. Three years for NAC/NTC 14. Ld. Counsel for the respondents have argued that the NCVT has not been constituted under an Act of Parliament and the guidelines issued thereunder are not statutory in nature and hence cannot override the statutory service rules framed under Article 309 of the Constitution. Secondly, the NCVT and the Union of India have also clearly stated that the guidelines are not mandatory and the State governments may frame their own recruitment Rules. Ld. State Counsel prays that the interim orders restraining the State from making the appointments be vacated. It has been asserted that stay on appointment is adversely affecting the interests of the students in the State. 15. We have considered the submissions of the Ld. Counsel for the parties and are of the view that interim orders restraining the state from making appointments needs to be vacated. 16. Accordingly, we modify the earlier orders restraining the State from making appointments. 17. The State shall be at liberty to make appointments of Craft Instructors. However the appointments so made shall be subject to the final outcome of these cases. 18. Adjourned to 24.8.2015. 19. A copy of this order be placed on the paper-book of each connected case.