High Court for State of TelanganaWP/20339/2011dismissed no costs

Secy And Correspondent, Nitc, Nalgonda Dist. v. The Commissioner Of Employment Andtraining And 2 Others

2018-03-29Ramesh Ranganathan2 pages

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN Writ Petition No.20339 of 2011 ORDER:

Neither is the Learned Counsel for the pet6itioner present, nor is there any representation on his behalf. The relief sought for in this Writ Petition is for a mandamus to declare the action of respondents in not permitting the students of the petitioner-Institution to appear for the All India Trade Test to be held from 22.07.2011, in the Trades Electrician-II Units, Wireman-IV units (2009-2011 batch), as arbitrary and illegal. A consequential direction was sought to the 3rd respondent to grant affiliation orders to the petitioner-Institution basing on the SCIR of 2005 and SIR dated 06.04.2006.

This Court, by order dated 19.07.2011, permitted students of the petitioner-Institution to appear for the All India Trade Test to be held from 22.07.2011 onwards, but their results were directed not to be declared. This interim order was subsequently extended until final disposal of the Writ Petition by order in WPMP No.24668 of 2011 dated 10.07.2012.

In the counter-affidavit filed on behalf of the 3rd respondent, it is stated that the trainees admitted provisionally, would be trade tested under NCVT only if the trades, to which they were admitted, were granted affiliation from the NCVT, and the NTC. In the counter-affidavit filed by the Regional Deputy Director-2nd respondent, it is stated that none of the respondents had permitted the petitioner-Institution to admit any of the trainees; the Principal of the petitioner-Institution had not submitted the list of 40 Electrician members either to the Verification Officer or the District

Convener for their approval; the petitioner-Institution had intimated the admissions made by them only on 21.07.2011; and they did not follow the admission procedure.

The counter-affidavit of the 2nd respondent discloses that the petitioner-Institution had admitted students contrary to the prescribed procedure without the knowledge of the respondents. Since the admissions relate to the year 2011-12, which expired nearly six years ago, it is wholly unnecessary for this Court now to examine the petitioner's entitlement to admit students in their College during the said academic year.

The Writ Petition fails and is, accordingly, dismissed. The Miscellaneous Petitions pending, if any, shall also stand dismissed. No order as to costs.

_________________________________ RAMESH RANGANATHAN, ACJ.

Date:29-03-2018.