BIRSA SKILL DEVELOPMENT CENTRE FOR RURAL MASS Vs. STATE OF JHARKHAND
LAWS(JHAR)-2005-8-12
HIGH COURT OF JHARKHAND
Decided on August 29,2005

BIRSA SKILL DEVELOPMENT CENTRE FOR RURAL MASS Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) This writ petition has been preferred by petitioner, Birsa Skill Centre for Rural Mass for a direction on the respondents to issue provisional National Trade Certificates to the students of petitioner-Institute, who appeared in the examinations for the Session 2001-03 and 2002- 04, having been declared successful.
(2.) According to petitioner, it is an Industrial Training Institute (hereinafter referred to as the 'Institute) affiliated to the Directorate General of Employment and Training, New Delhi, Government of India. It imparts training to students and for the Certificate of Excellence, the examination conducted by Employment and Training Department, Government of Jharkhand, Ranchi, which also published the result and issues the Certificate to the successful candidates. Apart from imparting teaching and training, the petitioner-Institute has no role in conducting the examination or in giving certificates to the successful students.
(3.) The case of the petitioner is that the Institute, in question, was established in the year 1996 when provisional approval was granted by the Director, Employment and Training Department, Government of Bihar, Patna by letter No. 1376 dated 9th May, 1996, Approval was granted subject to recognition of the National Council of Vocational Training (hereinafter referred to as 'NCVT), Government of India and the training course started since August, 1996. The petitioner-Institute was inspected by members of the Sub Committee of NCVT, New Delhi and on the basis of report, petitioner- Institute was affiliated vide letter No. DGET. 12/1/99-TC dated 4th November, 1999. Further case of the petitioner-Institute is that NCVT after regular inspection and being satisfied extended its affiliation from time to time, including the letter Nos DGE & T- 12/1/2001-TC dated 27th November, 2001. The standard of the petitioner Institute being good, number of units were also increased. One of the Inspections was made on 12th August, 2003, wherein no discrepancy having been found and the performance of the petitioner-Institute having been found very good, students of the petitioner-Institute were allowed to appear in the examination for the Session 2001-03, which was conducted by Director, Employment and Training Department, Government of Jharkhand, Ranchi in July, 2003. The names of the student were registered after proper verification and individual admit cards were issued to the students. The Controller of Examination, Labour, Employment and Training Department, Government of Jharkhand vide his letter No. 686 dated 23rd December, 2003, forwarded Form-C of the result as also blank provisional National Trade Certificate format to the petitioner- Institute with a request to fill up the same and to fill up the marks of the candidates after proper verification and to return the formats after attesting the same. The petitioner-Institute immediately did the needful and sent the formats after proper attestation but the respondents have not issued the provisional National Training Certificates to the successful students.;


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