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2021 DIGILAW 863 (RAJ)

Uttam Pvt. Ltd v. State Of Rajasthan

2021-04-16

SANJEEV PRAKASH SHARMA

body2021
JUDGMENT Sanjeev Prakash Sharma, J. - The petitioner-institute has filed this writ petition with the following prayer: "(i) by appropriate writ order or direction to the respondents to allow the upload of the data of the admitted students of the petitioner institute on the NCVT MIS website of the respondent No.3; (ii) Any other relief which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be given in favour of the petitioner." 2. The brief facts which require to be noticed are that the petitioner is an Industrial Training Institute providing Vocational Training. It has been recognized to provide Trades of Electrician and 18 units were allotted to it by the Director of Technical Education through the Ministry of Skill Development and Entrepreneurship, Government of India by the National Council for Vocational Training ("NCVT") vide its letter dated 30.07.2013. As per the Regulations, the institute is allowed to admit students and furnish their details on the MIS Portal of Director, Technical Education (Training), Jodhpur. However, as the institute was not admitting the students since 2015 after two years of zero session, the name of the institute was de-activated from the MIS Portal. However, the name of the institute continued on the seat matrix as published each year by the Director of Technical Education (hereinafter referred to as "DTE"). 3. On 06.09.2019, a show cause notice was issued by the DTE to the petitioner-institute that after inspection, no reply has been furnished and there was no staff available. The petitioner-institute sent a list of 360 students to DTE on their MIS Portal but they were not uploaded as the Portal had been de-activated. 4. Learned counsel for the petitioner-institute submits that as the petitioner-institute has not been de-affiliated, the students who have been admitted and fee which has been collected by them ought to be allowed to be included on the MIS Portal and the data of the students should be accepted. 5. Per contra, learned counsel for the respondent-State submits that the institute has not admitted any student for last four years and was defunct in 2019. Suddenly, the petitioner-institute has mentioned about admitting of 360 students which could not have been done as there was neither any staff available with the petitioner-institute nor they have infrastructure for providing training. 5. Per contra, learned counsel for the respondent-State submits that the institute has not admitted any student for last four years and was defunct in 2019. Suddenly, the petitioner-institute has mentioned about admitting of 360 students which could not have been done as there was neither any staff available with the petitioner-institute nor they have infrastructure for providing training. An inspection was conducted by the DTE and it was found that there were several deficiencies, the laboratories were all closed. The inspection report has been placed on record. A show cause notice has already been issued to the petitioner-institute as to why it should not be de-affiliated. 6. It is also stated in the reply that the petitioner-institute has admitted having zero session for four years. In the circumstances, there was no occasion to regularize the admissions and includes their names on the MIS Portal. 7. Learned counsel appearing for the Union of India and Director of Training, Ministry of Skill Development and Entrepreneurship submits that a decision was taken on 18.10.2018 to de-activate those institutes where 100% seats remained vacant for two consecutive years and activation can only be done after NCVT Sub-Committee reviews the institute on the basis of fresh Joint Inspection Committee Report. 8. Heard learned counsel for the parties. 9. From the facts as has been noticed above, it is apparent that the institute is defunct since 2019. In the circumstances, after four years students could not have been admitted by them without there being any staff or proper infrastructure. Once the institute stood de-activated on having two consecutive 100% vacancies as which has been admitted by the petitioner-institute also, the admissions can also be given after NCVT Sub-Committee would have activated the institute in a way the institute stands disaffiliated and affiliation can only be restored after the Joint Inspection Committee Report is submitted and examined by the NCVT Sub-Committee as per the instructions dated 20.12.2018, which lays down the Policy relating to ITIs throughout the country. The petitioner-institute is not entitled to be granted Unique User ID and Password of NCVT MIS Portal. 10. In view of order passed by the Division Bench of this Court in the case of "Mahatma Gandhi University of Medical Sciences and Technology, Jaipur & Ors. vs. State of Rajasthan & Ors. The petitioner-institute is not entitled to be granted Unique User ID and Password of NCVT MIS Portal. 10. In view of order passed by the Division Bench of this Court in the case of "Mahatma Gandhi University of Medical Sciences and Technology, Jaipur & Ors. vs. State of Rajasthan & Ors. and other connected appeals: DBSAW No.798/2014 on 11.03.2015, the admissions given by the petitioner-institute to 360 students are found to be wholly illegal. The fee so collected by the petitioner-institute requires to be returned back to the said students along with interest @ 10%, that apart each student would also be entitled to compensation of Rs.10,000/- each to be paid by the Society which runs the institute. The aforesaid amount shall be distributed by the Director of Technical Education to the students after collecting entire amount of Rs.36,00,000/- and shall be deposited with the Director of Technical Education by the institute. The amount would be realizable under PDR proceedings, if not paid. The respondents shall conduct a joint inspection and submit its report to the NCVT who may take a fresh decision for the purpose of activation of the MIS Portal. Once the respondents notify activation of the petitioner-institute on the MIS portal then petitioner-institute alone shall be entitled for admitting the students. 11. The writ petition is dismissed with the aforesaid observations. 12. All pending applications, if any, also stand disposed of.