JUDGMENT
P. K. Mohanty, J.
1. The petitioner, Baji Rout Industrial Training Centre, Mahisapat, calls in question the order passed by the opposite parties 1 and 2 in Annexure-3 dated 28.7.2000 de-affiliating two units of electrician trade, two units of fitter trade and two units of welder trade and prays for a direction to quash the same.
2. Briefly stated facts of the petitioner’s case is that the institution, Baji Rout Industrial Training Centre was registered under the Societies Registration act and started functioning since 1993. The institute was imparting training for electrician and fitter trades consisting two years tenure and welder course pertaining to one year tenure in accordance with the norms and standard prescribed by the opposite parties. The institute applied for grant of permanent affiliation for four units of electrician trade, four units of fitter trade and two units of welder trade since it had fulfilled the necessary requirements as prescribed by the opposite party No. 3. The preliminary inspection was conducted by the opposite party No. 1 and affiliation was granted in its favour on the recommendation of opposite party No. 3 by the opposite party No. 5. In view of the need, the petitioner’s institution applied for additional units in his application during the year 1995 for one additional unit of welder and on scrutiny and inspection, affiliation was granted w.e.f. August, 1995. In 1996, the petitioner’s institution applied for two additional units of fitter and two units of electrician and on proper inspection, when the authorities were satisfied that the petitioners, institution had fulfilled all the conditions, granted two units of fitter and one unit of electrician trade w.e.f. August, 1996. In one unit of electrician and fitter trade, 16 candidates were permitted to take admission whereas in one unit of welder trade, 12 candidates were permitted to take admission. Due to the increase of demand, the petitioner’s institution again applied in the year 1998 for electrician trade and that was also granted on proper verification raising strength of the electrician trade to four units. Thus, the institution had four units of electrician trade, six units of fitter trade and two units of welder trade, the copies of the letter granting such affiliation has been annexed as Annexure-1 series. Opposite party No. 3 formulated a guideline “Training Manual for Industrial Training Institute and Centres” laying down different norms and procedure for affiliation of training/centre/trades/units to the National Council for Vocational Training in the Craftsman Training Scheme, a copy of which is annexed as Annexure-2. The petitioner claims that since the year 1993-94 although on different occasions, the opposite party No. 1 and the committee constituted by it inspected the premises as well as the tools etc. of the petitioner’s institution and on their recommendation, the petitioner’s institution was granted permanent affiliation in such trades, there was no difficulty till 1998. However, the petitioner’s institution received a copy of the letter dated 28.7.2000 wherein it was communicated to the petitioner that on the basis of the report of the Standing Committee, two units of electrician trade, two units in the trade of fitter and two units in the trade of welder are declared to be de-affiliated, consequently allowing only two units of electrician trade, four units of fitter trade and no unit of welder trade in favour of the institution. A copy of the said letter has been annexed as Annexure-3 and that is the bone of contention in the present Writ Petition. According to the petitioner, it had fulfilled all norms prescribed by the Council and as such, there is no reason as to why such trade could be de-affiliated.
3. The opposite parties 1 to 4 have filed their counter affidavit denying the claim of the petitioner and supporting the order of de-affiliation (Annexure-3). These opposite parties claim that the petitioner’s institution having not fulfilled the requirement and the norms prescribed by the competent authority, they had to de-affiliate the trades. It is stated that all Government Industrial Training Institutes (ITIs) and affiliated Private Industrial Training Centres in the State are imparting Craftsman Training Scheme as per the guideline prescribed by the Director General Employment and Training (DGE & T), Government of India. The trade/units of ITI/ITC are affiliated with National Council for Vocational Training (NCVT), New Delhi. The examinations with the Trade Testing and Certificate are controlled by the NCVT through State Council for Technical Education and Vocational Training (SCTE & VT) in the State. It is stated that Baji Rout Industrial Training Center in the District of Dhenkanal was established by a private party, had been granted affiliation in the trade/unit in a phased manner in different years by NCVT as per their application after conducting Standing Committee inspection as per DGE & T norms with the objective of maintaining quality at a national level as under:
1. Electrician : 4 (2 + 2) units : 2 units in morning shift & 2 units in day shift.
2. Fitter : 6 (3 + 3) units : 3 units in morning shift & 3 units in day shift.
3. Welder : 2 (1 + 1) : 1 unit in morning shift & 1 unit in day shift.
4. It is the case of the opposite parties that as per the DGE&T training manual, either on the basis of the inspection report or otherwise when it comes to the notice of the concerned State Directorate that a particular ITI/ITC in the specific trade/unit is either not conducting training as per curriculum and/or is lacking in maintaining the norms/ standards prescribed by NCVT, the State Director is to initiate action and constitute Standing Committee for evaluation of the institute under intimation to him. The Director, Technical Education and Training issued notice to the petitioner’s institution in letter dated 6.3.2000 for evaluation of trades and units lacking deficiencies for de-affiliation purposes. The State Directorate constituted Standing Committee for evaluation as per the DGE&T training and manual consisting of the State Director/VT Administrator in-charge of Craftsman Training Scheme, representative of Secretary, NCV&T, two representatives, one from the Department of Industries and the other from the Department of Labour and expert in the relevant field who is to be nominated by the State Director.
5. The Standing Committee inspected the petitioner’s institution on 10.3.2000 and found deficiencies in respect of machineries, equipments and power supply. The workshop of the welder trade was not organized properly. Purchase vouchers towards procurement of machineries and equipments could not be produced by the ITC. Therefore, the Committee recommended for de-affiliation of electrician (2 + 2) and welder (1 + 1) units to DGE&T, New Delhi for taking final decision in the matter. The DGE&T in its observation advised the Director to issue a notice to the management at least 30 days before the date of inspection. That was done and notice was served on 6.5.2000. The Standing Committee visited the institution on 13.3.2000 and recommended for de-affiliation/withdrawal for affiliation granted to them in the trades Electrician (1 + 1), Welder (1 + 1) units along with Fitter (1 + 1) unit due to deficiencies, a copy of the observation has been annexed to the counter affidavit as Annexures-E/1, F/1 and G/1 respectively. The DGE&T after scrutinizing the recommendation of the Standing Committee placed the same in the Sub-Committee of the NCVT constituted for affiliation/de-affiliation of trades and units of ITI/ITCs and on such recommendation of the Sub-Committee, the Director has directed de-affiliation of two units of electrician trade, two units of fitter trade and two units of welder trade. The allegation with regard to mala fides has been stoutly denied by the opposite parties. According to the opposite parties, the Principal, Industrial Training Institute for Women, Dhenkanal was appointed as an expert member in the Standing Committee and the Dy. Director dealing with Craftsman Training Scheme was also appointed representative of the DTE&T, who were fully competent for verification of the electrician, fitter and welder trade and, as such, there is no infirmity in the action taken by the opposite parties.
6. The moot question that arises for consideration is, as to whether the petitioner’ institution had fulfilled and complied with all the requirement laid down for continuance of the affiliation granted to it in the trades and as to whether reasonable opportunity had been given to the petitioner to show cause and to rectify the defects found.
7. The procedure for affiliation of it is and ITCs/Trades/Units, which are already affiliated to NCVT and the de-affiliation procedure has been prescribed in Appendix-XX annexed to the counter affidavit as Annexure-H/1. Under Clause 5 thereof, the Standing Committee for evaluation is to be constituted by the concerned State Director and necessary arrangements for inspection of ITIs/ITCs shall be made by him. A notice is required to be issued to the Management of the ITI/ITC for inspection of the Institute by the Standing Committee as per Appendix-II. The Standing Committee is to inspect the Institute and verify the existing infrastructural facilities, viz. staff accommodation, workshop buildings, tools shop outfits, equipment etc. as per prescribed norms/standards and conduct of training in relevant trades/Units. Clause 8 requires that the Inspection Report should be scrutinised by the Directorate General of Employment and Training. After scrutiny of the report, if the Secretary, NCVT, also recommends for de-affiliation, the report and recommendation of the Secretary NCVT, thereon, should be forwarded to the members of the Sub-Committee of NCVT dealing with affiliation for their consideration and approval. The State Director is to issue de-affiliation order of the Management to the Institute and from the date of issue of such order, the relevant trades will stand de-affiliated. However, the existing batch of the trainees, if otherwise eligible, should be permitted by the State Director to appear in the ensuing All India Trade Test. But however, the further admission should be stopped from the next session onwards. Clause 11 however stipulates that when deficiencies/discrepancies are made up, the institute/trade/unit can be re-started by the Management in accordance with the existing affiliation procedure. A Xerox copy of the show cause notice issued to the petitioner-institution, copy of the reports of the Standing Committee showing deficiencies and discrepancies held on 13.6.2000 have been filed as Annexure-J/1 series.
The letter dated 18.2.2000 addressed to the Principal of the petitioner-Institution (Annexure-J/1) indicates that the institute has not complied with a deficiency and defects pointed out by the inspecting officers. The defects mainly are (a) there are no specific workshop for welder trade; (b) there is poor attendance in the trades; (c) the Lathe Machine available in the workshop is not in working condition and electric furnace is not available; (d) in electrician trade, important tools are not available; (e) maintenance of records regarding monthly test, lesson plan, answer sheet of the trainees are not available at the time of inspection and (f) in respect of power supply, even though agreement that power supply was produced, it was not supported by any receipt against payment and the book of accounts were not produced at the time of inspection. The Institute was directed to show cause as to why the institution shall not be recommended for de-affiliation. The details of the deficiencies have been shown in the recommendation by the Standing Committee dated 13.6.2000. The specific recommendation was given for continuance of the affiliation in respect of fitter trade 2 + 2, electrician trade 1 + 1 and welder unit 1 + 1, because of the several deficiencies/discrepancies mentioned in the appropriate column of the report.
8. It appears from Annexure-9 to the Writ Petition that the Principal of the Training Institute addressed a letter to the Director, Technical Education and Training, Orissa indicating therein the compliance of the Inspection report of the Inspecting Authorities from time to time and denying the deficiencies indicated in the inspection reports. The Principal, in compliance of the show cause notice dated 18.2.2000, in his letter dated 26.2.2000 informed the Director with regard to the deficiencies pointed out as under:
(a) Separate work shop for welder trade has been constructed and provided since before the Inspection. Your kind physical verification is highly appreciated.
(b) The trainees are attending their theory and practical classes regularly which can be verified from the students attendance register. Almost all the trainees are attending their theory and practical classes more than 80% in a calendar year.
(c) Lathe machine which was not in working condition, meanwhile has been repaired, electric furnace has been provided.
(d) Important electric tools have been provided to the trainees as per the syllabus.
(e) Monthly tests have been conducted. Lesson plans have been prepared by the Instructors. The answer sheet of the monthly tests have shown to the trainees and kept for record.
(f) Three phase electric supply have been installed in our institution for which they are paying electric bills accordingly.
The institute therefore requested the Director not to proceed for de-affiliation. In letter dated 6.5.2000 (Annexure-10), the Director, Technical Education and Training, Orissa issued notice to the Management for inspection of the Institute by the Standing Committee. The Director was informed by the Joint Director of Training, Directorate General of Implementation and Training, New Delhi, in his letter dated 14th July, 2000 (Annexure-K/1) intimated the recommendation of the Sub-committee regarding de-affiliation and minutes of the meeting enclosing therein the recommendations. The deficiencies of the petitioner institute have been indicated in the report annexed as Annexure-1/2.
9. With regard to the Electrician trade the deficiencies are (a) the workshop space is less, (b) 12 items of general machinery out of 33 are not available for 3rd and 4th units. In respect of Fitter trade, facilities available are only for 4 units as against the sanctioned 6 units affiliated. So far as Welder trade is concerned, it appears that no specific deficiency has been pointed out, but it is mentioned that major deficiencies in vital machinery/equipment were observed.
De-affiliation appears to have been made in view of the aforesaid deficiencies. According to the petitioner, it has fulfilled all the criteria for affiliation and the deficiencies had been rectified much earlier to the date of inspection which has not been noted by the inspecting committees.
10. There is no dispute that the Institute was granted affiliation after conducting inspection as per the DGE&T norms in the following trade :
(1) Electrician : 4 (2 + 2) Units: 2 units in Morning shift and
2 units in Day shift.
(2) Fitter: 6 (3 + 3) Units: 3 units in Morning shift and
3 units in day shift.
(3) Welder: 2 (1 + 1) Units: 1 unit in Morning shift and
1 unit in day shift.
But on inspection, the authorities having found deficiencies and inadequacy of infrastructural facilities, equipments etc. in respect of certain units have de-affiliated the unit as in Annexure-3 to the Writ Petition.
11. In terms of the further inspection note, the deficiencies have been found and as such de-affiliation of some of the Units as indicated in Annexure-3 has been made. The controversy therefore is whether the institute has or has not complied with the deficiencies pointed out by the inspection teams, which the Institute was required to comply in terms of the norms prescribed by the NCVT. In order dated 1.6.2001, this Court directed that the students already admitted may be allowed to continue their studies. By order dated 15.7.2003, the eligible students of the petitioner-Institute, who have filled up the forms were directed to be issued the Admit Card and were allowed to appear at the examination without prejudice subject to the result of the Writ Application.
12. In order dated 12.5.2004, in view of the nature of the dispute and the fact situation of the case and keeping in view the fact that the institution was earlier affiliated for the required strength but subsequently it had been withdrawn and de-affiliated pursuant to an inspection, we directed Director, Technical Education and Training to consider the matter, if necessary, by a further inspection and take a decision thereon by 21.6.2004. The Learned Addl. Government Advocate, as it is reflected in the order dated 7.7.2004 informed the Court that some recommendations have been made to the Director of Training, Director General of Employment and Training, New Delhi for consideration and the decision is awaited. The students admitted during the session 2002 were however directed to fill up their forms and take the examination and results were directed not to be published. It appears that the students of the petitioner institution, who had been admitted till the year 2003 were permitted to appear at different tests conducted by the Council subject to the result of the Writ Petition.
13. In such view of the matter, the students of the petitioner-institution who had been admitted up to the session 2003 and undergone the course having been permitted to appear at the trade test in the subject/trades under dispute upto 2004 in the trade of Electrician, Fitter and Welder, we feel that in the peculiar facts and circumstances of this case their results should be published. Their results be published accordingly.
However, in view of the specific stand of the petitioner that it had/or it has complied with the requirements and the assertion of the opposite parties that in fact it had not complied with the deficiencies and the requirements under the guidelines, the same cannot be decided in a Writ Application since it involves determination of factual disputes. However, we feel it appropriate that the opposite parties should conduct a fresh inspection/enquiry to find out as to whether the deficiencies pointed out and the requirements of the regulations have been complied with and if it is found that such deficiencies have been complied with, as asserted by the petitioner, the authorities shall consider the question of granting affiliation and take a decision in the matter in accordance with law within a period of three months from the date of communication of this order. The eligibility and status of students of the petitioner-institution, if any admitted after 2003 in the units which have been de-affiliated, shall depend on the decision to be taken by the opposite parties after conducting the inspection/inquiry, as directed.
The Writ Petition is thus disposed of in the aforesaid terms. The opposite parties are directed to take a final decision in the matter in the light of discussion made earlier within a period of three months from the date of communication of this order. However, there shall be no order as to cost.
J.P. Mishra, J.
14. I agree.