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Judgment
L. Narayana Swamy, J.—Common prayers have been made in all these petitions. In some of the writ petitions institution is the petitioner and in some students are the petitioners. The common prayer made by the petitioners is for direction to the respondents-Joint Director (Training) and the State Council for Vocational Training Course for permitting the petitioner-students for appearing in examination and in some petitions the prayer is sought for issuance of marks cards. The prayer also made by the petitioners for direction to the respondents to declare/release the results of the petitioners since they have appeared for the examination by virtue of interim order granted by this Court.
Vocational-Training Centres are affiliated to the State Council for Vocational Training (hereinafter referred to as ''SCVT'' for short) in carrying out the training policy laid down by it throughout the State. In order to carry out the training policy of the National and State Council, applications have been invited by the Director, Employment and Training by way of notification in the leading newspapers of the State to receive particulars in the prescribed Proforma indicated in Appendix-5 from the agencies seeking permission to start Industrial Training Institutes or to implement a new/additional trade from August session of the following year. The academic year starts from August of a particular year and the course is for two years. As per Notification, normally the last date for receipt of duly filled-in applications will be 31st of December. Only registered organizations such as Associations registered under the Society''s Registration Act, 1860 Trusts registered under the Trusts Act, Co-operative Societies registered under the relevant Act and Companies registered under the Company''s Act 1956 are eligible to make the applications and no individuals are eligible to make application for starting ITI trades. For the purpose of affiliation, SCVT core committee has to constitute the sub-committee called Standing Committee of affiliation, comprising of the following members:
i) the Director or his nominee (not less than a rank of Deputy Director) as conveyor;
ii) An industries representative; and
iii) One technical expert.
The Committee so constituted by the Director, Employment and Training would visit the institutions to satisfy itself with regard to the infrastructure available in the Institutions to commence the course; and whether petitioners herein have started the course in their Institution in the year 2012; and whether the Committee constituted for affiliation have duly permitted them run this course, and accordingly, they are to carry out business as a part of National Council for Vocational Training. For the present year, the candidates were denied from taking examination. Hence, students as well as Institutions have approached this Court in these petitions.
It is the case of the petitioners-Institutions that their institutions have satisfied the norms prescribed by SCVT and affiliated by the Committee and no memos or notices were issued to them by the Committee with respect to non-compliance of infrastructure facilities, etc. However, the students were deprived of from taking up examinations without issuing any notices. Hence, impugned action of the respondents in denying the students to take-up examinations is arbitrary. This Court granted interim order pending disposal of the petitions and some of the petitioner-students have taken the examination. Now, their results are withheld for want of orders from this court.
Upon instructions, the respondents have made statements by relying on the notifications issued on behalf of the SCVT. Officer of SCVT is present before the Court. Learned Government Advocate submitted that the core Committee of SCVT had constituted affiliation committee consisting of the Director or his nominee, industries representative and one technical expert. The Committee constituted for the said purpose has to visit such institutions for the purpose of affiliation. Contrary to the said requirement, only the Director has visited and inspected the institutions and granted affiliation. Hence, the students/institutions were deprived of to take up examination on the ground that Committee has not visited and the visit was done only by the Director. The Director should not have visited the institutions alone since a Committee consisting of three members is constituted for the said purpose. Affiliation issued by the Director is contrary to the notification of the National Council for Vocational Training. The institutions have colluded with the Director and have taken affiliation, which is illegal and in order to correct the same, steps have been taken.
Heard both sides. From the notification which is placed before me by the Learned Government Advocate, it is seen that SCVT comes under the purview Vocational Training and the Director, Employment and Training is the appropriate authority to give affiliation. The Members of the SCVT core committee are not before this Court. Standing committee of affiliation though is constituted comprising of three persons including Director or his nominee as Conveyor, the Director alone seems to have visited the institutions for the purpose of affiliation. When an affiliation committee is constituted consisting of three members, the Director is not a lone competent authority. Industries representative and one technical expert are necessary to visit the Institutions for the purpose of affiliation. In the instant case, it is submitted that Director alone has inspected the vocational institutions. From the records it is seen that it is not the alone who inspected the institutions, it is Joint Director of Employment and Training has gone for inspection. Joint Director, Employment and Training is not competent authority as per the notification. It is the Director or his nominee and the nominee''s rank should not be less than the rank of the Deputy Director.
Be that as it may, whether it is Director or Deputy Director or may be Joint Director who alone cannot inspect without being accompanied by an industries representative and one technical expert. Under these circumstances as it is submitted by the respondents, affiliation made to these institutions is illegal.
Now, interest of the students who have taken up this course for two years, is involved. For irregularities or fault on the part of Director, these students may not be punished. It is to be presumed that the interests of the students come from poorer sections to complete the course aspiring for becoming entrepreneurs/getting employment is paramount for this Court. Valuable two years of theirs shall not be deprived for the wrong committed by the Director or Joint Director by giving affiliation for which there is no fault from the students'' side. It is nothing but misconduct on the part of the Joint Director. Government has to conduct enquiry against him and pass suitable orders and report to this Court the action taken.
This Court, in similar circumstances, in writ petition No. 39393-39562/2014 disposed of on 18.11.2014 in paragraphs 5 to 7 of the judgment observed thus:
Though such contention is put forth by the Learned Government Advocate, what cannot be lost sight is that the petitioners who are hailing from lower middle class families, have taken up the Vocational Training course and having undergone the course, have also appeared for the examinations. Though at the point when these petitions were filed the results were not declared, at this juncture, even the results have been declared. Therefore, at this juncture, if the marks cards are not made available to the petitioners, certainly they would put to hardship in an much as the students, who have appeared for the examinations and even if successful, would not be in a position to pursue their career.
In any event if ultimately, in the enquiry stated to have been initiated by the respondents, if any of the institutions wherein the petitioners have studied is indicted certainly, action could be taken in that regard against such institutions including the institutions where the petitioners have studied. Therefore, reserving such liberty to the respondents, appropriate direction is to be issued to issue the marks cards to the students.
Accordingly, the respondents are directed to issue the marks cards relating to the examinations for which the petitioners had appeared during the academic year 2012-13. Liberty is however reserved to the respondents to proceed against the institutions based on the indictment, if any, against such institutions. The marks cards shall be issued to the petitioners in an expeditious manner, but not later than four weeks from the date on which a copy of this order is furnished to the respondents.
In the light of the judgments referred above, these petitions are disposed of Respondents are directed to announce the results of the petitioner-students after ascertaining as to whether examination taken by students-petitioners in these petitions by virtue of interim order granted by this Court and also issue marks cards. The respondents are further directed to initiate action against institutions based on the indictment, if any, against such institutions without issuing notification.
In Writ petition Nos. 200017/2015, 200018/2015, 200038/2015, 200039/2015, 200040/2015 and 200041/2015 respondents are directed to approve the list of the students and permit them to appear for examination as per Annexure-C commencing on 27.01.2015 and it is also directed to issue marks cards of the passed candidates.
With these directions writ petitions are disposed of.
The certified copy to be issued only after payment of deficit court fee.