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2019 DIGILAW 1250 (RAJ)

M. P. S. Children Educational Management Committee, Sadul Shahar v. State of Rajasthan

2019-04-26

PRATAP KRISHNA LOHRA

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JUDGMENT : Pratap Krishna Lohra, J. 1. Petitioner, a society registered under the Rajasthan Societies Registration Act, 1958, is involved in imparting technical education at District Sriganganagar. The present writ petitions are filed on behalf of the society by its Secretary. 2. Facts, in brief, are that petitioner society, in furtherance of its aims and objects of imparting technical education within Sriganganagar District, started industrial training institute in the name and style of MPS Industrial Training Centre, Sriganganagar (for short, 'ITI'). It is averred in the petitions that the institute run by the petitioner society is duly recognized by State Government as well as Ministry of Labour & Employment, Director General of Employment & Training, Government of India and vide Annex. 2 dt. 24th of August, 2009 the State Government granted affiliation/permission to ITI/institute of petitioner society to impart education in certificate course of two trades; viz., Electrician - 2 Units, and Computer Operation cum Programming Assistant (COPA) -2 Units. As per the version of the petitioner society, their ITI/institute is imparting certificate course training in aforesaid two trades to its students with utmost satisfaction. 3. It so happened that State Government vide its letter dt. 15th of July, 2011 promulgated new policy/rules for admission in Govt. & private It is from academic session 2011-12 and pursuant thereto issued advertisement on 24th of December, 2011 inviting applications from eligible candidates for admission in Government as well as private affiliated ITIs. In the advertisement, name of the ITI run by petitioner society was not included and that prompted the petitioner society to file a writ petition before this Court, which was registered as S.B. Civil Writ Petition No. 595/2012. The said writ petition came up before Court on 9th of February, 2012 and the Court was pleased to pass following order: "Having considered the facts of the case, the respondents are directed to allow the petitioner institution to admit eligible students as per law on purely provisional basis in the trade of Electrician for the ensuing educational session." 4. Yet again, respondent State Govt. issued advertisement on 22nd of June 2012, which was uploaded on the website, inviting applications from eligible candidates for admission in Govt. as well as private It is affiliated with the Govt., but to petitioner's dismay, again name of its ITI was not included. Yet again, respondent State Govt. issued advertisement on 22nd of June 2012, which was uploaded on the website, inviting applications from eligible candidates for admission in Govt. as well as private It is affiliated with the Govt., but to petitioner's dismay, again name of its ITI was not included. This practice of the respondent continued in the Academic Sessions 2014-15 and 2016-17, which promoted the petitioner society to file other writ petitions. 5. In all these writ petition, at the threshold, interim order was passed, whereby the institute of petitioner society was provisionally permitted to accord admission to the students. In Writ Petition No. 3724/12, subsequently vide order dt. 18th of December, 2014, Court was pleased to direct for declaration of result of two NCVT trades run by the ITI of petitioner society pertaining to Academic Session 2012-13. 6. In the reply, filed on behalf of respondents, some preliminary objections are raised besides touching merits of the case. Learned Addl. Government Counsel Mr. Bharat Devasi, while arguing the matter, has submitted that in connection with Writ Petition No. 3732/12, pursuant to order dt. 18th December 2014, result of the students has been declared.. Learned Addl. Govt. Counsel further submits that in respect of two next Academic Sessions, i.e., 2013-14 & 2016-17 the institute has been permitted to admit students for imparting training in respective trades. However/learned Addl. Government Counsel has not clarified as to whether results of aforesaid two sessions have been declared or not. 7. Upon examining the lis involved in all these petitions, it has come to the fore that the institute run by the petitioner society is granted affiliation/permission for Electrician and COPA trades by the State Govt. and Ministry of Labour & Employment, Director General of Employment & Training, Govt. of India in NCVT course with sanctioned strength. Thus, after granting affiliation for these two trades, respondents objections are per se not of much significance. Moreover, in Writ Petition No. 7324/12, result has already been declared for Session 2012-2013 and the Court granted indulgence to the petitioner society in subsequent writ petitions by relying on orders passed therein for grant of interim relief. Thus, after granting affiliation for these two trades, respondents objections are per se not of much significance. Moreover, in Writ Petition No. 7324/12, result has already been declared for Session 2012-2013 and the Court granted indulgence to the petitioner society in subsequent writ petitions by relying on orders passed therein for grant of interim relief. True it is that interim orders are passed subject to certain riders but then as the students have completed their ITI course in their respective trades long back, at this stage, it would not be appropriate to roll back the clock, and therefore, it is expected of the respondents to declare their result, if not declared so far. 8. With these observations, all the three writ petitions are disposed of. 9. The stay petitions are also disposed of.