V. P. Eshwara Naik v. State Of Karnataka, Reptd. By Its Prl. Secretary, Dept. Of Employment And Training
2019-08-08
S.SUNIL DUTT YADAV
body2019
DigiLaw.ai
ORDER : The petitioner-Training Institution has filed the petition seeking for issuance of an appropriate direction to declare the results of 84 students, the details of whom has been furnished at Annexure-P, with respect to the examinations for the academic year 2014-2016 and 2015-2017. 2. The petitioner-Institute states that, it had sought for affiliation for the year 2014-2016 and 2015-2017. As no decision was taken as regards its affiliation W.P.Nos.37917-38000/2017 came to be filed seeking necessary directions to the respondents to accept examination fees and to permit the students to writ the examination. It is stated that, by virtue of the interim order passed in W.P.Nos.37917-38000/2017, examination fees was accepted by the respondent-authority by the respondent Nos.3 and 5 and the students were permitted to write examination. By virtue of the interim order dated 23.08.2017, the results were not announced. 3. In the meanwhile, it is stated that there were a large number of institutions like that of the petitioner who approached the Government seeking for appropriate relief regarding grant of affiliation. It is stated that a committee was formed headed by the Labour Minister and it was resolved to conduct examinations to ITI colleges who had applied for affiliation for the year 2014-2016, but affiliation and approval was pending. Pursuant to the proceedings of the committee a circular came to be issued on 23.08.2016. It was resolved to grant affiliation and approval of the list of trainees for the year 2014-2016, 2015-2017 and 2016-2018. Report was called for to be submitted by the Additional Chief Secretary with respect to the grievance of the Institutions similar to that of the petitioner-Institution. 4. Writ Petition Nos.205949-953/2017 came to be filed by the Institutes seeking for appropriate direction for grant of affiliation and approval of list of trainees. The said Writ petitions came to be disposed off by order dated 31.10.2018. It was directed that in the event, the request of affiliation was considered favorably, the concerned authorities were directed to announce the results of the students who had completed the course in the petitioner’s college and to issue marks cards to such trainees, if they were not ineligible otherwise. 5. The learned counsel for the petitioner states that they are similarly placed as the Institutes who had approached this Court in W.P.Nos.205949-953/2017.
5. The learned counsel for the petitioner states that they are similarly placed as the Institutes who had approached this Court in W.P.Nos.205949-953/2017. It is further contended that on the principle of parity they are entitled to orders similar in nature as that passed in the above mentioned writ petitions. Learned counsel for the petitioner further submits that they are entitled to the benefits that accrue from the circular dated 23.08.2016. 6. It is noticed that, the petitioner-Institute has obtained affiliation as per the order at Annexure-F dated 20.07.2015 and Annexure-G of the same date, whereby the affiliation has been granted to the petitioner-Institute for the year 2013-15, 2014-15 and 2014-2016 as per Annexure-F and 2015-17 for two year trade, 2015-16 for one year trade as per Annexure-G. It is further stated that, the students admitted by the petitioner-Institute have written the examinations pending grant of affiliation. The above said facts are not in dispute. It is also not in dispute that the petitioner-Institute has been granted affiliation which is a part of the record. 7. In the light of the students of the petitioner-Institute having written the examination and affiliation for the respective years has also been granted, it would be appropriate and meet the interests of justice to direct the respondent No.3 and 5 to announce the results of the students of the petitioner-Institute with respect to the examination for the academic year 2014-16 and 2015-17. It is also to be noted that, even on the principle of parity, the petitioner-Institute is entitled for similar relief as that which has been granted in W.P.Nos.205949-953/2017 and connected matters which came to be disposed off as per the order dated 31.10.2018. It is also noted that even otherwise, the petitioner-Institute was entitled to the benefit of the circular dated 23.08.2016, which had been extended to the Institutes who were petitioners in W.P.Nos.205949-953/2017. 8. Accordingly, the petition is disposed of directing the respondent Nos.2 and 5 to declare the results of the students of the petitioner-Institute with respect to the examination, relating to the academic year 2014-16 and 2015-17 and consequently to issue marks cards to such of the students if they are not otherwise ineligible. Accordingly, the petition is disposed off.