Kamatchi Industrial Training v. The Joint Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2017

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P.No.25017 of 2017 Kamatchi Industrial Training School by its Correspondent, Sekkupettai Saliya Street, Kancheepuram 631 501 Kancheepuram District.

... Petitioner Vs.

1.The Joint Director of Employment & Training(CT) Guindy, Chennai-32.

2.The Regional Joint Director(Training) Chennai Region, Guindy, Chennai-32.

... Respondents Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to grant the renewal of recognition of the petitioner Industrial School for 1) Automobile Mechanic and 2) Mechanic Refrigeration & Air Conditioning and Central Plant trades from the academic year 2017-18 as recommended by the second respondent.

For Petitioner : Mr.S.Kamadevan For Respondents : Mr.T.M.Pappiah Special Government Pleader

O R D E R

The petitioner is an Industrial Training School, which seeks a Writ of Mandamus to direct the first respondent to grant the renewal of recognition of the petitioner Industrial School for 1) Automobile Mechanic and 2) Mechanic Refrigeration & Air Conditioning and Central Plant trades from the academic year 2017-18 as recommended by the second respondent. 2.The petitioner Training School was established in the year 2004 and five courses were offered by petitioner. Temporary

recognition had been renewed from time to time and the last renewal was granted for a period of one year from 01.07.2016 to 30.06.2017 except for the Bench Fitter trade. The petitioner applied for renewal of recognition of four trades through online application on 31.01.2017 within the stipulated time. Pursuant to the application made, the 1st respondent deputed a team for the inspection of the petitioner Training School on 13.05.2017. The Inspection Team - which consisted of the 2nd respondent and five other officials, after having been satisfied with all the infrastructure and the tools and equipments, recommended for renewal of all the four trades, namely, 1.Automobile Mechanic (1+1 Unit), 2.Mechanic Refrigeration & Air Conditioning and Central Plant (1+1 Unit), 3.Electrical Technician(1+1 Unit), 4.

Welding Technology (1+1 Unit) and the recommendations were forwarded to the 2nd respondent. Though the petitioner was under the impression that renewal will be granted for all the four trades, the first respondent, by order dated 31.08.2017, granted renewal only for two trades namely, Electrical Technician and Welding Technician. Therefore, seeking a direction to the 1st respondent for grant of renewal of recognition for the omitted trades, namely, Automobile Mechanic, Mechanic Refrigeration & Air Conditioning and Central Plant, the petitioner is before this Court.

3.Heard Mr.S.Kamadevan, learned counsel appearing on behalf of the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the respondents.

4. A perusal of the records shows that the petitioner Industrial Training School was established in the year 2004 and it has been offering four courses and the renewal has been continuously granted by the respondents. For the year 2017-18, seeking renewal of recognition, the petitioner applied online in time and an inspection was made by the 2nd respondent and his team on 13.05.2017 and though recommendations were also made by the 2nd respondent as early as on 30.05.2017 for renewal of recognition of four trades, the first respondent granted renewal only for two courses viz., Electrical Technician and Welding Technician. The non-grant of renewal of recognition for Automobile Mechanic and Mechanic Refrigeration & Air Conditioning and Central Plant, is contrary to the recommendations of the 2nd respondent dated 30.05.

2017 pursuant to the inspection on 13.05.2017 and the 1st respondent is not justified in doing so. Therefore, the 1st respondent is directed to pass appropriate orders granting renewal of the recognition to the petitioner Industrial Training School for 1) Automobile Mechanic and 2) Mechanic Refrigeration & Air Conditioning and Central Plant trades for the academic year 2017-18 within 10 days from the date of receipt of a copy of this order.

5.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar To 1.The Joint Director of Employment & Training(CT) Guindy, Chennai-32.

2.The Regional Joint Director(Training) Chennai Region, Guindy, Chennai-32.

+1cc to Mr.S.Kamadevan, Advocate SR.No.8774 +1cc to Government Pleader SR.No.88511 W.P.No.25017 of 2017 SJ(CO) GN(18/01/2018)