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Madras High CourtWP/1572/2014disposed of

Tamilnadu Private Industrial v. The Director General Of

2018-02-26Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.02.2018

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.1572 of 2014 and M.P.Nos.1 & 2 of 2014 Tamil Nadu Private Industrial Training Institutes Association Rep.by its President, Mr.K.Sivakumar, Admn Office:No.12, Kamaraj Nagar Main Road, Avadi, Chennai - 600 071 ..Petitioner vs

1. The Director General of Employment and Training, Shram Shakthi Bhavan, Rafi Marg,

2. The Deputy Director General(Training)/ Member - Secretary, NCVT, Shram Shakthi Bhavan, Rafi Marg, New Delhi - 110 001.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order issued by the 2nd respondent in proceeding DGE& T-19(4)/2011-CD-PT dated 18.11.2013 and quash the same and consequently direct the respondents to conduct the All India Trade Test under NonSemester Pattern for the academic year 2013-2014 i.e.for the trainees admitted for August 2013 batch and permanently abolish the break system for all the members of the Petitioner Association.

For Petitioner :Mr.R.Prem Narayan For Respondents :M/s.J.Madana Gopal Rao

O R D E R

The writ petition has been filed to quash the order passed by the 2nd respondent dated 18.11.2013 and to direct the respondents to conduct the All India Trade Test under NonSemester Pattern for the academic year 2013-2014 for the trainees admitted in August 2013 batch and permanently abolish the break system for all the members of the Petitioner Association.

2.When the matter was taken up for consideration, the learned counsel for the petitioner submitted that it would suffice, if the petitioner is permitted to approach the authorities concerned by way of a fresh representation indicating their grievances and on such submission, the authorities concerned may be directed to dispose of the same. 3.The learned counsel for the respondents has no serious objection in granting such relief to the petitioner. 4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court permits the petitioner to submit a fresh representation indicating their grievances if any along with a copy of this order to the authorities concerned within a period of two weeks from the date of receipt of a copy of this order. On such submission, the authorities concerned shall consider the said representation and pass appropriate orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks thereafter.

5.Accordingly, the writ petition stands disposed of. No costs.Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kak To

1. The Director General of Employment and Training, Shram Shakthi Bhavan, Rafi Marg,

2. The Deputy Director General(Training)/ Member - Secretary, NCVT, Shram Shakthi Bhavan, Rafi Marg, +1cc to Mr.R.Prem Narayan, Advocate, S.R.No.14434 +1cc to M/s.J.Madana Gopal Rao, Advocate, S.R.No.14870 W.P.No.1572 of 2014 KK(CO) CS/02/04/18