JUDGEMENT
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(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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