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2019 DIGILAW 1665 (RAJ)

Shree Nath Private ITI v. State of Rajasthan

2019-05-27

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT : 1.1 Learned counsel for the petitioner submits that in the minutes of the 2nd meeting of "Recommendation Committee DGT" dealing with affiliations of ITIs held on 28.3.2019 at 15:30, Committee Room, 1st Floor, Employment Exchange Building, Near PUSA ITI, PUSA, New Delhi, the decision was taken while dealing with Agenda Item No. 2.4 that 33 institutions of Bihar, 160 institutions of Rajasthan and 108 institutions of Uttar Pradesh are being sought to be de-affiliated. Learned counsel for the petitioner submits that against the same meeting and same agenda item 2.4, certain institutions have approached Delhi High Court and the Delhi High Court in W.P.(C) 4649/2019 and CM No. 20648/2019 (Lord Shiv Private ITI v. Directorate General of Training) passed the following order on 1.5.2019:- "1. There are several writ petitions listed, today, before this Court, challenging similar decisions of disaffiliation taken by the respondent. The manner in which these decisions have been taken, leaves much to be desired. Individual orders have not been passed and, instead, a bulk decision, in a tabular form, has been taken, covering, in the present case, as many as 39 institutions. There is no reasoning, whatsoever, for the decision, in the case of the petitioner, except for single word "De-affiliated". There is no material to indicate that the authority who has taken the decision is even aware of the fact that a reply had been filed by the petitioner to the Show Cause Notice, let alone any indication that the reply was considered before the decision was taken. 2. Disaffiliation of an institution is a serious matter, and cannot be dealt with in such a trifling manner. The least that is expected in such cases is that a proper show cause notice is issued to the party and a speaking order is passed, dealing with the party’s response to the show cause notice. Bulk decisions in a tabular form, such as the present case, do complete disservice to the cause of justice and are, on the face of it, unsustainable. 3. It is disquieting to note that, in respect of some of the institutions, in the said tabular statement, (though this may not apply to the present petitioner), the institutions have been disaffiliated with the remark "show cause letter returned undelivered". It is impossible to comprehend how, if the show cause notice issued was returned undelivered, the institution could be disaffiliated. 4. It is impossible to comprehend how, if the show cause notice issued was returned undelivered, the institution could be disaffiliated. 4. I am constrained to observe that, prima facie, the respondent is completely ignorant of the responsibility cast on it while taking decisions such as those under challenge in the present case. 5. For the aforesaid reasons, prima facie, the impugned decision cannot sustain. 6. In the circumstances, issue notice on the writ petition as well as stay application, to the respondent, to show cause as to why rule nisi be not issued. 7. Notice, in the writ petition as well as the application is accepted by Mr. Sanjeev Uniyalon behalf of the respondent. 8. Counter affidavit be filed by the respondent within four weeks with advance copy to the petitioner who may file rejoinder thereto, if any, within two weeks thereof. 9. Till the next date of hearing, there shall be an adinterim stay of operation of the impugned decision, insofar as it disaffiliates the petitioner. 10. Renotify on 8th August, 2019. Copy of this order be given dasti to learned counsel for the petitioner under signature of the Court Master." 1.2 Learned counsel for the petitioner submits that they are at par and de-affiliation shall cause irreparable damage to the petitioner institution. 2. Issue notice to the respondents, returnable in six weeks. 3. In the meanwhile, the impugned decision taken by the respondents regarding the petitioner in its meeting held on 28.3.2019 shall remain stayed qua the petitioner. 4. List a/w SBCWP No. 6358/2019 & 6379/2019.