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The Muslim Education Society vs The State Of Kerala on 11 February, 2011

Kerala High Court
The Muslim Education Society vs The State Of Kerala on 11 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37415 of 2010(B)


1. THE MUSLIM EDUCATION SOCIETY
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF TRAINING

3. THE DIRECTOR GENERAL OF EMPLOYMENT &

4. THE NATIONAL COUNCIL FOR

                For Petitioner  :SRI.S.SHANAVAS KHAN

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :11/02/2011

 O R D E R
                  P.R. RAMACHANDRA MENON J.
                     ~~~~~~~~~~~~~~~~~~~~~~~
                     W.P (C) No. 37415 OF 2010
                     ~~~~~~~~~~~~~~~~~~~~~~~
             Dated, this the 11th day of February, 2011

                              JUDGMENT

The petitioner Society has approached this Court, mainly to

declare that the petitioner is entitled to start an Industrial Training

Centre at Karakkad in Chengannur and to direct the second

respondent to ‘revisit’ and evaluate the infrastructure provided in the

institution for enabling the petitioners to start the course and to have

forwarded the necessary recommendation to the 3rd respondent in this

regard.

2. The sequence of events has been narrated in the statement

filed by the Government Pleader on behalf of the second respondent,

wherein it is pointed out that, pursuant to the application preferred by

the petitioner and on remittance of the necessary fees, the inspection

was conducted and the defects noted were notified to be cured.

Allegedly after curing the defects, the petitioner submitted application

for ‘re-inspection’ and remitted the necessary fees; pursuant to which,

the re-inspection was conducted, though it did not turn to be helpful to

the petitioner, as the defects were not cured completely.

W.P. (C) No. 37415 of 2010
: 2 :

3. The case of the petitioner is that all the defects have now

been cured and the respondents might be directed to effect a ‘re-

inspection’ and for further steps. This was not acceded favorably, for

the reason as stated in the statement, that Rules/Norms do not

contemplate any such ‘3rd re-inspection’. However, the second

respondent has pointed out in ‘paragraph 6’ of the statement that the

petitioner in not left with any remedy. Paragraph 6 of the statement, for

the convenience of reference, is extracted below :

“As there is no provision for one more Re-inspection as per

existing rules and grant provisional affiliation to start

Industrial Training Centre. The only option available to the

petitioner is to apply afresh for getting affiliation for the

trades/Units when the applications are invited the Director

on the decision of the State Council for Vocational Training

(SCVT). In the meeting of the SCVT held on 21.12.2010, it

was decided to invite applications from the applicants, which

got provisional permission in 2010 and whose affiliation

proposal for the trades/Units were not recommended by the

Inspection teams. Necessary action will be taken by this

directorate on receipt of the minutes of the said meeting”.

4. The learned counsel for the petitioner submits that, pursuant

to the intimation given to the petitioner in this regard, enabling the

petitioner to submit a fresh application, necessary application has been

preferred remitting the prescribed fees and that re-inspection was

conducted yesterday.

W.P. (C) No. 37415 of 2010
: 3 :

4. The learned Government Pleader appearing for the

respondents submits that, the matter will be considered and appropriate

orders will be passed within the shortest possible time. The above

submission is recorded.

In the said circumstances, this Court finds that, no further orders

are necessary in this Writ Petition for the time being.

The Writ Petition is disposed of accordingly.

P. R. RAMACHANDRA MENON, JUDGE

kmd

W.P. (C) No. 37415 of 2010
: 4 :

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