Case :- WRIT - C No. - 20349 of 2019…
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Court No. - 7
Case :- WRIT - C No. - 20349 of 2019 Petitioner :- Smt. Ram Kali Iqbal Bahadur Pvt. Industrial Training Institute And Another Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Sanjeev Singh,Sri O.P. Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Sandeep Kumar Srivastava
Hon'ble Ajay Bhanot,J.
Heard Sri O.P. Singh, learned Senior Counsel assisted by Sri Sanjeev Singh, learned counsels for the petitioners, Sri Pankaj Patel, learned counsel appearing on behalf of the State Council of Vocational Training, Lucknow (hereinafter referred to as 'SCVT') and Sri Sandeep Kumar Srivastava, learned counsel for the respondent no. 2, National Council Vocational Training, New Delhi (hereinafter referred to as 'NCVT').
Sri Pankaj Patel has filed an affidavit on behalf of the respondent no. 4. The affidavit asserts that the SCVT has permitted the trainees, whose names and particulars could not be uploaded, on the NCVT portal for verification on the past occasions. The students shall be permitted to appear in the examination subject to fulfilment of seven conditions laid out in the communication dated 09.07.2019. However, only students, who were admitted, prior to 05.10.2018 shall be permitted to appear in the examination.
Learned counsel for the respondent no. 4, submits that the respondents do not have any objection if the necessary details are provided within a period of three weeks from 22.07.2019 by the concerned institutions/trainees. The petitioners shall be permitted to appear in the examination, subject to the institutions/students providing the details three weeks after 22.07.2019.
The condition no. 4 requiring biometric attendance in all institutions as compulsory was contested by learned counsel for the petitioners. Learned counsel for the petitioners contend that the aforesaid condition has been introduced for the first time one week before the examination.
Sri Pankaj Patel, learned counsel for the SCVT supported the requirement by relying on the order dated 17.12.2015. The order dated 17.12.2015, on the foot of which the aforesaid condition of biometric attendance, is sought to be enforced merely required the authorities, to examine the case, for making biometric attendance mandatory in all training centres. This fact was not disputed.
Nothing could be demonstrated, by learned counsel for the SCVT, that the proposal in the order dated 17.12.2015, was considered and made mandatory, prior to the commencement of the academic year and admissions in the institutions.
In such view of the matter Clause 4 of the letter dated 09.07.2019, appended in the counter affidavit filed by the SCVT shall not be enforced against the petitioners, for the examinations which are scheduled to commence w.e.f. 22.07.2019.
In such view of the matter Clause no. 4 of letter dated 09.07.2019 shall not be acted upon. However, it shall be open to the authorities, to act in pursuance of the letter dated 17.12.2015, and inform the institutions accordingly for future examinations.
The writ petition is disposed of in terms of the affidavit filed on behalf of the SCVT, subject to the above mentioned clarifications.
Order Date :- 11.7.2019 Pravin
3 issues framed by the court
Whether clause 4 of the letter dated 09.07.2019 requiring compulsory biometric attendance can be enforced against the petitioners for the upcoming examination.
Whether the authorities are permitted to act in pursuance of the order dated 17.12.2015 to inform institutions for future examinations.
Whether the petition is to be disposed of based on the affidavit filed by the respondent SCVT subject to the court's clarifications.
Smt. Ram Kali Iqbal Bahadur Pvt. Industrial Training Institute
Another
Union Of India
7 Others
Ajay Bhanot
As recorded by the court registry
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