High Court of DelhiW.P.(C)/6035/2017

Maharaja Agarsain Private Ltd v. Directorate General Of Training & ANR

2017-07-18Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6035/2017 & C.M. No.25063/2017 MAHARAJA AGARSAIN PRIVATE LTD ..... Petitioner Through Mr. Sanjay Sharawat, Adv.

versus DIRECTORATE GENERAL OF TRAINING & ANR ..... Respondents Through Mr. C.M. Goyal and Ms.Megha Rohatgi, Advs for R-1.

Mr. Sagar Shivam for Mr. Vikas Chopra, Adv for R-2.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 18.07.2017 Petitioner is aggrieved by the action/inaction on the part of respondent No.2. His submission is that respondent No.2 had conducted inspection of the petitioner's institution on 28.06.2017. This was duly intimated to the petitioner in advance. Certain site visits Non-Conformities (NCs) were noted by respondent No.2 and these were informed to the petitioner by uploading them on their portal on 30.06.2017. The contention of the petitioner is that the following two days i.e. 01.07.2017 being a Saturday and 02.07.2017 being Sunday, there was no governmental work being carried out and the document which was required by the petitioner to be obtained from the BDO/Tehsildar was applied for on the next working day which was on 03.07.2017. Submission being that this document was supplied to him only on 04.07.2017 but by that time, respondent No.2 had already taken a decision against him and refused to entertain the

representation of the petitioner. The limited prayer of the petitioner being that this document which had been obtained by the petitioner on 04.07.2017 which is a certificate from the BDO be considered by respondent No.2 in accordance with their Guidelines. Learned counsel appearing for respondent No.2 points out that even if this document is considered, the representation of the petitioner may not be answered in his favour as there are other NCs which have not been cleared by the petitioner and his case calls for a re-visit. Be that as it may, noting these submissions and counter submissions of the parties, this Court thinks that interest of justice demands that since both 01.07.2017 and 02.07.2017 being nonworking days in all Government departments, the document obtained by the petitioner finally on 04.07.

2017 be considered by respondent No.2 de-hors the contentions raised by respondent No.2 in accordance with the Guidelines of respondent No.2. The other clearances made by the petitioner qua the other NCs raised by respondent No.2 shall also be considered by respondent No.2. Respondent No.2 will intimate the petitioner about the re-opening of the portal qua the petitioner and all decisions taken thereof.

Petition disposed of in the above terms.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J JULY 18, 2017