Bg Sharma Iti College Private Iti & ANR. v. Sh Atul Kumar Tiwari

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 829/2022 BG SHARMA ITI COLLEGE PRIVATE ITI & ANR. ..... Petitioners Through:

Mr. Amitesh Kumar, Ms. Priti Kumari & Mr. Mrinal Kishore, Advs.

M: 9958520733 Email: mrinalkishore60@gmail.com versus SH ATUL KUMAR TIWARI ..... Respondent Through:

Mr. Avnish Singh, SPC with Ms.

Pushplata Singh & Ms. Kanchan Kumari, Advs. with Mr. Rajesh Kumar, Assistant Director M: 8826437138 Email: avnishs05@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 09.02.2024

O R D E R

1.

The present petition has been filed alleging non-compliance of the order dated 09th February, 2022 passed in W.P.(C) No. 13478/2021 and W.P.(C) No. 13306/2021.

2.

The operative portion of the aforesaid order reads as under: "xxx xxx xxx

4. I am therefore of the view that the impugned decision, having been taken without following the principles of natural justice, cannot be sustained and are, therefore, set aside. The matters are remanded back to the respondent for reconsideration of the petitioners' applications by granting The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

an opportunity to the petitioners to cure the deficiencies, if any, found in the inspection report. The said decision would be taken within 8 weeks from today.

xxx xxx xxx"

3.

This Court notes that a compliance affidavit has been filed on behalf of the respondent, wherein it is stated that by letter dated 17th August, 2022 issued by the Ministry of Skill Development and Entrepreneurship, Directorate General of Training, Government of India, the competent authority has recommended affiliation of the trades/units of the petitioner i.e. B G Sharma ITI College Private Industrial Training Institute, with National Council for Vocational Training ("NCVT"). The letter dated 17th August, 2022 issued by the respondent reads as under: "

Through E-mail E-file No.: 53052 DGT-Aff011(34)/34/2022-O/o DIR (TC) Government of India Ministry of Skill Development and Entrepreneurship Directorate General of Training Employment Exchange Building, 1st Floor, Pusa, New Delhi, Dated: 17.08.2022 To The State Directorate Uttar Pradesh Subject: Affiliation of Trades/Units of B G Sharma ITI College Private Industrial Training Institute, with NCVT-Reg. On the basis of report received and the decision taken on E-file the Competent authority has recommended trades/units for session w.e.f. August 2022, for B G Sharma ITI College Private Industrial Training Institute, TMP9159PR1580015035. The details of trades/units The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Recommended is mentioned in the attached list. The affiliation is valid for five years from the date of issue of this order.

1. The DGT & State officer can inspect the ITI any time for better performance & training (i) Periodic verification.

(ii) The ITI must comply with DGT norms/guidelines issued from time to time.

(iii) ITI must display the newly released logo of ITI on the Display Board at the main gate.

2. The said information is also available under "News & Updates" on NCVT MIS Portal at https://ncvtmis.gov.in.

3. Affiliation of Trades/Units mentioned in this order valid for five years thereafter ITI should apply for "Renewal of Affiliation "as per DGT Norms.

4. Discrepancies if any in the affiliation orders, may be intimated to the undersigned within 15 days of issue of this order. Yours faithfully (Ujjwal Biswas) Director of TC Copy along with enclosures for information to:

1. Sr. PPS to Chairman Standing Committee on Accreditation and Affiliation (SCAA)-DGT.

2. Sr. PPS to DDG (Affiliation).

3. The officer dealing with NCVT MIS:- To please upload the order on NCVT MIS portal (T. Ragulan) Joint Director of TC'

4.

In view of the aforesaid, it is clear that the respondent has reconsidered the application of the petitioners and has passed necessary orders as contained in the aforesaid letter dated 17th August, 2022. Thus, the respondent has complied with the directions as contained in the aforesaid order dated 9th February, 2022.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Accordingly, no further orders are required to be passed in the present petition. The present petition is disposed of, as satisfied. MINI PUSHKARNA, J FEBRUARY 9, 2024/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.