Smt. Mithilesh Sharma Private Iti v. Directorate General Of Training (Dgt) ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SMT. MITHILESH SHARMA PRIVATE ITI ..... Petitioner Through Mr.Murari Kumar, Advocate.

versus DIRECTORATE GENERAL OF TRAINING (DGT) ANR ..... Respondent Through Mr.C.M.Goyal, Advocate for DGT.

Mr.Sagar Shivam for Mr.Vikas Chopra, Advocate for QCI.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 30.08.2017 The petitioner is aggrieved by the letter of rejection dated 01.08.2017 wherein his application seeking accreditation stood rejected.

Averments in the petition disclose that the Institute of the petitioner was inspected by respondent No. 2 on 21.07.2017. 48 NonConformities (NCs) were raised by respondent No. 2 on 28.07.2017 which had to be completed and answered by the petitioner on or before 31.07.2017. Contention of the petitioner is that the answers of these NCs were uploaded by the petitioner on 31.07.2017. He however could not press the "submit" button which was due to inadvertence and the portal of respondent No. 2 was closed. The

petitioner was under the bonafide impression that he had duly finished his task. He was shocked to know that his application stood rejected on 01.08.2017 for his not having uploaded the documents. His submission is that the documents already having been uploaded at the site of respondent No. 2 and the only inadvertence on the part of the petitioner being that he could not press the "submit" button does not make out a case for a rejection straightaway. On advance notice learned counsel for the respondents have put in appearance. Learned counsel for the respondent while opposing the prayers made in the present petition submits that the processing of all the pending applications of the petitioner before the respondent are more or less complete and a communication to this effect has been given by respondent No.2 to respondent No.1 on 22.08.

2017 & 28.08.2017; hardly any files are left with respondent No.2. Noting these submissions as also the fact that this Court in W.P. (C) No.6259/2017 Aadishakti Private ITI Vs. Directorate General of Training and Anr decided on 24.07.2017 a similar issue had arisen. The Court had allowed the prayer made in that petition which was based on similar parameters. Accordingly, this Court is of the view that the petitioner be permitted to appear before respondent No.2 on or before 05.09.2017 where he will be granted an opportunity to press the „submit‟ button qua all the 48 NCs in order that the documents which have already been uploaded by the petitioner can be accessed by respondent No. 2 and also to complete technical formality of filling the „comments‟ in the requisite column.

Petition disposed of in the above terms.

Order be given dasti under signatures of the Court Master. INDERMEET KAUR, J AUGUST 30, 2017