In the High Court of Karnataka Dharwad Bench

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30 T H DAY OF JANUARY 2018 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL WRIT PETITION NO.100344/2018(EDN-RES) BETWEEN: 1. SIR M.VISHWESHAWARIAH PVT., INDUSTRIAL TRAINING INSTITUTE, GHATAPRABHA, REPRESENTED BY ITS SECRETARY SRI.BABU S/O.SIDAPPA UDAGATTI, AGE-58 YEARS, OCC-SECRETARY, R/O.GHATAPRABHA, TAL-GOKAK, DIST-BELAGAVI. 2. THE PRINCIPAL, SRI.SHIVANAND S/O.CHANNABASSAYYA MATHOD, AGE-50 YEARS, OCC-PRINCIPAL, SIR M.VISHWESHWARIAH PVT., INDUSTRIAL TRAINING INSTITUTE, GHATAPRABHA, TAL-GOKAK, DIST-BELAGAVI. ... PETITIONERS (BY SMT.PALLAVI S.PACHHAPURE, ADVOCATE) AND: 1. THE JOINT SECRETARY, MINISTRY OF SKILL DEVELOPMENT & ENTREPRENEURSHIP, SHRAM SHAKATI BHAVAN, RAFI MARG, NEW DELHI-110 001. 2 WP.No.100344/18 2. THE DIRECTORATE GENERAL OF TRAINING, MINISTRY OF SKILL DEVELOPMENT & ENTREPRENEURSHIP, SHRAM SHAKATI BHAVAN, RAFI MARG, NEW DELHI-110 001. 3. THE COMMISSIONER, DEPARTMENT OF EMPLOYMENT & TRAINING, KAUSHALAYA BHAVAN, NEAR DAIRY CIRCLE, BANERGATTI ROAD, BENGALURU-560 029. 4. THE JOINT DIRECTOR, DEPARTMENT OF EMPLOYMENT & TRAINING, BELAGAVI DIVISION, NAVANAGAR, HUBBALLI, DIST-DHARWAD. ... RESPONDENTS (BY SRI.M.B.KANAVI, CENTRAL GOVERNMENT STANDING COUNSEL FOR R-1 AND R-2) (BY SMT.VEENA HEGDE AGA FOR R-3 AND R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PERMIT THE PETITIONER INSTITUTION TO RECTIFY THE MISTAKE I.E., “REG” INSTEAD OF “PVT” IN COLUMN TYPE OF TRAINESS AND ANNOUNCE THE RESULTS OF THE 2 N D AND 3 R D SEMESTER OF TRAINEES BY CONSIDERING THE REPRESENTATIONS DATED 14.07.2016, 12.06.2017, 16.06.2017 AND 12.07.2017 MARKED AT ANNEXURE-B5, H, H1 AND L RESPECTIVELY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: 3 WP.No.100344/18 ORDER Heard. 2. The petitioner is an institution established for imparting education to the students in Industrial Training at Ghataprabha. The petitioner admitted 61 students/trainees under Electrician, Fitter & Diesel Mechanic trade in the year 2015 for the academic year 2015-16. 3. The petitioner uploaded the details of the trainee/students like examination fee, attendance of the trainees etc on the NCVT MIS portal as per Annexure-A and A1. According to the petitioner, while uploading the details of the students, by mistake the particulars of the students is uploaded as “Pvt” (Private) instead of “Reg” (Regular) with respect to 58 trainees. 4. Due to such mistake the results of the 2 nd and 3rd semester are not declared. The petitioner made 4 WP.No.100344/18 representations Annexure-B, B1 to B5 to the respondents seeking rectification of the defect. The petitioner has even sent mails to the respondents seeking the same relief as per Annexure-C, C1 and C2. 5. It appears similar mistakes crept-in inrespect of many other institutions also. The 2 nd respondent issued general instructions under Annexure-K dated 13.06.2017 to all State Directors/Commissioners dealing with Training Scheme specifying the norms for correction. Prior to that Annexure-F dated 9.12.2016 was issued to the same effect to the Directors/Commissioners of the States and Union Territories. 6. In furtherance of that, under Annexure-G the Director of Industrial and Training appointed the Principal of Government ITI College, Nippani to verify the genuineness of the candidates uploaded by the 5 WP.No.100344/18 petitioner on NCVT MIS portal. Accordingly the said Principal conducted the verification and submitted his report Annexure-H dated 19.12.2016 stating that, the mistake in uploading the particulars of the trainees as “Pvt” (Private) instead of “Reg” (Regularism) is by oversight. The same is received in the Office of Director of Industrial and Training, Bengaluru. But the respondents have not taken any decision in the matter so far. 7. The petitioner seeks mandamus against the 2nd respondent to consider its representation Annexure-B5 and the reports of the Principal Government ITI College, Nippani Annexure-H and the recommendation of the Joint Director, (Training), Belagavi Division, Navanagar, Hubballi-respondent No.4. The reports Annexure-H, H1 and recommendation Annexure-L are issued on the directions of the 2 nd respondent itself. The 2 nd respondent has the legal duty to consider the same in 6 WP.No.100344/18 accordance with law and there are no reasons for the delay caused in consideration of the same. Therefore the petition is allowed. 8. Respondent No.2 is directed to consider the Annexure-B5 representation of the petitioner for rectification of the error in web portal with Annexures-H, H1-reports of the Principal, Government ITI College, Nippani and the Annexure-L recommendation of respondent No.4 in accordance with law within four weeks from the date of receipt of copy of this order. 9. Registry to forward the copy of this order to respondent No.2 forthwith. Sd/- JUDGE ckk/- .

Load more