ASHOK KUMAR GAUR,J. - (1.) The instant petition has been filed by the petitioner challenging the order dated 02.05.2019 whereby license agreement of the petitioner for temporary occupation of premises has not been extended.
(2.) The facts of the case, in nutshell, are that the petitioner-institution is running an institution in the name of Deep Training Institute Private Limited, which is engaged in providing training and skill development to different students. The Ministry of Skill Development and Entrepreneurship introduced Pradhan Mantri Kaushal Vikas Yojana in the year 2016 and the said scheme is implemented by the National Skill Development Corporation under the guidance of Ministry of Skill Development. The programme is designed to impart short term training course to benefit the candidates who are either school or college dropout or unemployed persons. The petitioner-institution entered into an agreement for establishment of Skill Development Centre at Railway Senior Institute, Bandikui District Dausa and license agreement was executed for setting up of such Skill Development Centre between the Ministry of Railways and Ministry of Skill Development and Entrepreneurship and the petitioner-institution. The license agreement was for temporary occupation of Railway premises and some of the relevant conditions of license agreement are as under:- "5. That the Railways only agrees to give temporary occupation of the building and the license is liable to have this agreement cancelled at any time upon such notice as mentioned in Clause 7. 7. That the Railways shall be entitled at any time to give notice to the Licensee of its intention to resume possession of the building and subject to the provisions hereinafter contained. The Licensee shall vacate the building remove all materials belonging to the Licensee and restore the building to its original status within 90 days after the date of such notice and the Railways shall not be responsible for any inconvenience, loss or damage that may be cause or done to the Licensee by reason of his having to vacate on such notice. 8. That the Railways shall be at liberty to terminate this agreement and resume possession of a part/whole of the building licensed at any time before the expiry thereof on giving three months advance notice in writing and that without assigning any reason and without being liable to pay any compensation for such termination or partial resumption of the licensed building or for removal of any temporary structure put up by the Licensee. 25. That the license unless canceled in terms of the provisions hereinafter contained shall remain in force for a period of one year commencing from 24-06-2016 and ending on 23-06-2017 and it can be extended or renewed for next One + One (Two) years after mutual consultation."
(3.) The petitioner-institution has pleaded that after receiving the possession, it started to conduct the training course in the year 2016 itself and trained about 700 students/trainees. The petitioner-institution has pleaded that as per clause for extension of period of agreement of Skill Development Centre, the petitioner-institution submitted an application for extension of period and the period was extended for 2 years i.e. from 24.06.2017 to 23.06.2019 by communication dated 11.09.2017.;