Madras High CourtWP/1543/2016allowed

R.Jayaprakash v. The Director General Of

2017-04-20Honourable Mrs Justice Pushpa Sathyanarayana9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2017 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.Nos.1543 to 1545 of 2016 and W.M.P.Nos.1316 to 1318 of 2016 R.Jayaprakash .. Petitioner in W.P.No.1543/2016 A.P.Natarajan .. Petitioner in W.P.No.1544/2016 B.Revathy .. Petitioner in W.P.No.1545/2016 Vs.

1. Director General of Employment & Training, Ministry of Labour, Sharam Shakthi Bhavan, Rafi Marg, New Delhi - 110 001.

2. The Commissioner of Employment and Training, Guindy, Chennai - 600 032.

3. The Regional Joint Director, Chennai Region, Guindy, Chennai - 600 032.

.. Respondents in W.P.No.1543/2016

1. The Director General of Employment & Training, Ministry of Labour, Sharam Shakthi Bhavan, Rafi Marg, New Delhi - 110 001.

2. The Director, Directorate Office of Employment and Training, Guindy, Chennai - 600 032.

3. The Regional Joint Director, Chennai Region, Guindy, Chennai - 600 032.

4. The Correspondent, Sri Anandhai Industrial Training Institute, No.24/4, Chinnamanjavadi Village, Kombur (PO), Dharmapuri District.

5. The General Manager, Tamil Nadu State Transport Corporation (Salem), Salem - 7.

.. Respondents in W.P.No.1544/2016

1. The Director General of Employment & Training, Ministry of Labour, Sharam Shakthi Bhavan, Rafi Marg, New Delhi - 110 001.

2. The Director, Directorate Office of Employment and Training, Guindy, Chennai - 600 032.

3. The Regional Joint Director, Chennai Region, Guindy, Chennai - 600 032..

4. The Principal, Govt. Industrial Training Institute (Women), Ambathur, Chennai - 600 098.

Respondents in W.P.No.1545/2016 Prayer in W.P.No.1543 of 2016: The writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to dispose the petitioner's representation dated 30.11.2015 and further directing the 1st respondent to issue National Trade Certificate to the petitioner. Prayer in W.P.No.1544 of 2016: The writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records (i) No.MSDE-18015/03/2015-TTC dated 05.11.2015 of the first respondent and (ii) Na.Ka.No.25011/TT3/2015, dated 27.11.2015 of the 2nd respondent and quash the same and directing the first respondent to issue National Trade Certificate to the petitioner. Prayer in W.P.No.

1545 of 2016: The writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, directing the respondents to call for the records (i)No.MSDE-18015/03/2015-TTC dated 05.11.2015 of the first respondent and (ii) Na.Ka.No.36787/TT3/2015, dated 27.11.

and quash the same and directing the first respondent to issue National Trade Certificate to the petitioner. For Petitioners : Mr.P.Venkateshan For Respondents : Mr.C.G.Kumar, (In all W.Ps') Central Govt. Standing Counsel for R1 Mr.V.Anandhamurthy, Addl. Govt. Pleader for R2 & R3 COMMON ORDER The petitioner in W.P.No.1543 of 2016 seeks for a direction to the first respondent to issue National Trade Certificate to him by considering his representation dated 30.11.2015. The petitioners in W.P.Nos.1544 and 1545 of 2016 seek to quash the proceedings of the first respondent in Na.Ka.No.18015/0305/2015-NTC dated 05.11.2015 and the proceedings of the second respondent in Na.Ka.No.25011/T.T.3/2015 dated 27.11.2015, in and by which the request made by the petitioners for issuance of National Trade Certificate were rejected and for a consequential direction to the first respondent to issue National Trade Certificate to the petitioners.

2. Heard Mr.P.Venkatesan, learned counsel appearing for the petitioners and Mr.C.G.Kumar, learned Central Government Standing Counsel appearing for the first respondent and Mr.V.Anandamoorthy, learned Additional Government Pleader appearing for the respondents 2 and 3 and perused the materials on record.

3. An identical issue was considered by this Court in WP.Nos.7645 and 7663/2010, wherein the prayer was to direct the respondents therein to issue the National Trade Certificates to the students of the said Institutions, which were private Industrial Training Institutions. This Court, after hearing the parties, passed an order on 22.04.2010, following the order passed by the Division Bench of this Court in WA.No.801/2006, dated 07.08.2009 and the writ petitions were allowed as prayed for and a direction was issued to issue the National Trade Certificates to the students. The operative portion of the said order reads as follows:- "6. In the judgment made in W.P.No.21113 of 2006 dated 3.1.2007, in paragraph 8(c) onwards, it is held as follows:- "(c) As a matter of fact, the practice adopted by the first respondent in the matter of grant of affiliation, conduct of examination and the issue of Certificates, appear to be very peculiar. As per the

Training Manual for ITIs and ITCs, the first respondent acts as the affiliating body and he conducts examinations and issues Certificates only through the second respondent, who is described as The State Director. The question papers are dispatched to the second respondent who conducts the examination. Ultimately, blank National Trade Certificates are also dispatched by the first respondent to the second respondent, who is empowered to issued those Certificates after filling up the blanks. Clause (vii) of the said Training Manual reads as follows:- The State Director may seek permanent affiliation by forwarding the inspection report (Annexure III) to the Secretary, NCVT, New Delhi. The State Director need not wait for any instruction in this matter from Secretary, NCVT.

He may grant permission to the management of the Institute to admit trainees in the trades/units which have been recommended for permanent affiliation by the Standing Committee. It should however be made clear that in case permanent affiliation is not granted, final trade test and certification would be the responsibility of respective SCVT. The above clause makes it clear that even without waiting for orders of affiliation, the State Director can permit the courses to be commenced. (d) The first respondent has also admitted in para-17 of his counter that students can be admitted to the trades/units, for which a recommendation is made by the second respondent, subject to the grant of permanent affiliation by the first respondent.

According to the first respondent, if permanent affiliation is eventually granted, the first respondent will issue National Trade Certificates (NCVT) and if permanent affiliation is refused, the second respondent will issue State Trade Certificates (SCVT). In this case, the second respondent has agreed to grant State Trade Certificates (SCVT), thereby indicating that the State Director permitted the admission of students for the two additional units for the batch 1995-1997. Ultimately, the first respondent has also granted permanent affiliation, in June 1997, though with effect from August, 1996.

9. Therefore, the following conclusions become inevitable, from the sequence of events narrated above, which are not in dispute:- (a) that the petitioner admitted students with the permission of the State Director, who is empowered to grant such permission;

(b) that the students admitted against the additional units are entitled to Trade Certificates issued by SCVT; and (c) that affiliation is always granted by NCVT (first respondent), only post facto and hence neither the petitioner nor the students can be found fault with.

10. In view of the foregoing conclusions, the only objection taken by the first respondent for refusing to issue National Trade Certificates to the 1995-1997 batch of students, is illegal and the writ petition is liable to be allowed."

11. Accordingly the writ petition is allowed and the respondents are directed to issue National Trade Certificates for the 1995 batch of Trainees, in the trades of Electrician and Fitter, who took the examinations in July 1997 and the supplementary examinations thereafter, within a period of three months from the date of receipt or production of a copy of this order, subject to the students being found otherwise eligible for the grant of the Certificates. "

7. In the light of the above decision of this Court in an identical matter, the students are entitled to get Trade Certificates from the first respondent. Hence, a direction is given to the respondents to issue National Trade Certificates for the batch of trainees who appeared for the examination for which permanent affiliation is granted in the subsequent year. The respondents are directed to issue the N.C.V.T., certificates within a period of three months from the date of receipt of a copy of this order subject to verification of other details of the respective students."

6. The learned counsel appearing for the petitioners submitted that the issue involved in these cases are already decided in the above writ petitions and therefore, the same order may be passed. The learned counsel further submitted that one similar case which was filed earlier was dismissed namely, W.P.No.38340 of 2005 dated

06.04.2006 by a learned single Judge and the said order was challenged in W.A.No.801 of 2006 and the Division Bench of this Court dated 07.08.2009, paragraph 9 to 14 held as follows:

"12.....9.Therefore, the following conclusions become inevitable, from the sequence of events narrated above, which are not in dispute;- (a) that the petitioner admitted students with the permission of the State Director, who is empowered to grant such permission;

(emphasis supplied)

Following the above referred judgment, Mr.Justice N.Paul Vasanthakumar allowed batch of writ petitions in W.P.Nos.44489, 43551 and 43552 of 2006 and W.P.No.7894 of 2007, dated 21.11.2008. We are in full agreement with the said judgment.

13. But unfortunately, the aforesaid decision has not been brought to the notice of the learned single Judge which has resulted in the dismissal of the writ petition. In the light of the above decision of this Court, in an identical matter, the students are entitled to get Trade Certificates from the first respondent.

14.For the aforesaid reasons, we are of the considered view that the order of the learned single Judge dated 06.04.2006 made in W.P.No.38340 of 2006 is liable to be set-aside and accordingly the same is set-aside. The writ appeal is allowed. However, there will be no order as to costs. Hence, a direction is issued to the respondents to issue National Trade Certificates for the batch of trainees who appeared for the examination for which permanent affiliation is granted in the subsequent year. The respondents are directed to issue the N.C.V.T., certificates within a period of three months from the date of receipt of a copy of this judgment subject to verification of other details of the respective students."

7. The learned counsel also submitted that as against the order passed by the Division Bench in W.A.No.801 of 2006 dated 07.08.2009, the first respondent filed the Special Leave Petition in S.L.P.No.3596 of 2010 and the Special Leave Petition was also dismissed by the Hon'ble Supreme Court on 15.03.2010 and therefore, the Division Bench order arriving at the judgment of mine dated 21.11.2008 has become final and the same order may be passed. 8.The learned counsel appearing for the respondents are unable to dispute the said submission.

9. In the light of the order passed by me, the Division Bench of this Court and the order passed in the Special Leave Petition, these writ petitions are allowed as prayed for. The first respondent is directed to issue the National Trade Certificates to the students of the petitioners, within a period of four weeks, from the date of receipt of a copy of this order.

10.The writ petitions are allowed with the above direction. No costs."

4. The respondents preferred a writ appeal as against the said order in WA.No.2150/2011 and the Division Bench of this Court by the Judgment dated 23.11.2011 dismissed the writ appeal. The operative portion of the said Judgment reads thus:- "Heard the learned counsel appearing for the parties, and perused the impugned order passed by the learned Single Judge in WP.No.7645 of 2010. The learned Single Judge, following the earlier judgments rendered by this Court, allowed the writ

petition. In the light of the decisions referred to in the said order and also following the recent judgments of this Court in WA.Nos.1163 & 1122/2008 dated 20.07.2010 [Director of Employment & Training Vs. ICWS Industrial Training Institute & Another] and WA.No.1954/2011 dated 15.11.2011 [Director of Employment & Training & another V. Kalathur V.Subramania Iyer], we do not find any merit in this appeal. The appeal is, therefore, dismissed. No costs. Consequently, miscellaneous petition is closed."

5. Subsequently, another batch of cases were disposed of by this Court in WP.No.28731/2013 etc., batch dated 14.02.2014 and also in W.P.No.292 of 2015 dated 06.02.2015, following the earlier orders. Since the prayer sought for by the petitioners are also identical, by following the earlier orders, these writ petitions are allowed and the proceedings of the first respondent in Na.Ka.No.18015/03-05/2015-NTC dated 05.11.2015 and the proceedings of the second respondent in Na.Ka.No.25011/T.T.3/2015 dated 27.11.2015 are set aside and the respondents are directed to issue the National Trade Certificates to the petitioners in respect of the relevant trade, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsm To

1. Director General of Employment & Training, Ministry of Labour, Sharam Shakthi Bhavan, Rafi Marg, New Delhi - 110 001.

2. The Commissioner of Employment and Training, Guindy, Chennai - 600 032.

3. The Director, Directorate Office of Employment and Training, Guindy, Chennai - 600 032.

4. The Regional Joint Director, Chennai Region, Guindy, Chennai - 600 032.

5. The General Manager, Tamil Nadu State Transport Corporation, Salem.

+3ccs to Mr.P.Venkateshan, Advocate, S.R.No.23803 to 23805 +1cc to the Government Pleader, S.R.No.24347 W.P.No.1543 to 1545 of 2016 nm(co) rmp(11/05/17)