Daman Kumar v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 4172 of 2019 Daman Kumar S/o Shri Shiv Bhagat Dhruv, Aged About 27 Years, R/o Village Gullu, Post Office Gullu, Tahsil And PS Arang, District Raipur Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through- The Secretary, Ministry Of Skill Development And Entrepreneurship, Government Of India, New Delhi

2. State Of Chhattisgarh Through The Secretary, Department Of Technical Education, Mantralaya, Naya Raipur Chhattisgarh

3. Director General Of Training, Ministry Of Skill Development And Entrepreneurship, Government Of India, Employment Exchange Building, Library Avenue, Pusa Campus, New Delhi

4. Secretary, State Board Of Examination, Directorate Employment And Training, Chhattisgarh, (Pariksha Prakoshth) Industrial Training Institute, Saddu, Raipur, Chhattisgarh

5. Superintendent, Industrial Training Institute, Arang, District Raipur Chhattisgarh

6. Chairman, Railway Recruitment Board, Near Kendriya Vidyalaya, Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Saleem Kazi, Advocate.

For State :

Mr. P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 21.11.2019

1. The limited relief sought by the petitioner in the present writ petition is for an appropriate direction to the respondents 3 & 4 for issuance of the Original National Trade Certificate.

2. According to the petitioner, he had participated in the programme of all India Trade Test of Craftsmen under CTS for Engineering and NonEngineering trades under the respondent no.4 during the period 20122014. The petitioner had successfully completed the said course and he was also issued with a provisional certificate vide Annexure P-4 dated 8th December, 2014. However, thereafter in spite of repeated request being made the respondent no.3 has not issued the Original National Trade Certificate which the petitioner now badly needs for his recruitment under the Railway Recruitment Board who have vide Annexure P-8 directed the petitioner to produce the original National Trade Certificate.

3.

Given the fact that the petitioner had undergone training about 4-5 years back and he had also got a provisional certificate issued about 4-5 years back and also considering the urgent need of the same for the petitioner for his employment purpose, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet if the respondents 3 & 4, as the case may be, are directed to immediately process the claim of the petitioner for grant of National Trade Certificate and issue the same to the petitioner within an outer limit of 45 days from the date of receipt of copy of this order.

4. It shall be the responsibility of the petitioner to apprise the

respondents 3 & 4 for taking necessary steps pursuant to the order passed by this Court.

5. Meanwhile, in case the petitioner is selected by the Railway Department and the petitioner's appointment is being held back only on account of the petitioner not having the original National Trade Certificate, it is expected that the Board would grant reasonable time to the petitioner for providing the same or consider grant of provisional appointment subject to the petitioner furnishing the original.

6. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai