Writ Petition No. 20010/2010. Case: Lingaraju K.H. S/o. K.H. Ramachandrappa Vs The State of Karnataka Rep. by the Principal Secretary Labour Department, Commissioner Directorate, Joint Director (Training) of Employment and Training Department and Principal Sri Renukamba Rural ITI. Karnataka High Court

Case Number:Writ Petition No. 20010/2010
Party Name:Lingaraju K.H. S/o. K.H. Ramachandrappa Vs The State of Karnataka Rep. by the Principal Secretary Labour Department, Commissioner Directorate, Joint Director (Training) of Employment and Training Department and Principal Sri Renukamba Rural ITI
Counsel:For Appellant: U. Panduranga Nayak, Adv. and For Respondents: Raghavendra G. Gayathri, G.P.
Judges:Ram Mohan Reddy, J.
Issue:Constitution of India - Articles 14 and 226
Judgement Date:October 01, 2010
Court:Karnataka High Court
 
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Order:

Ram Mohan Reddy, J., (At Bangalore)

  1. Though this petition is listed for extension of interim order, with the consent of the learned Counsel for the parties, is finally heard and disposed of by this order.

  2. The Petitioner was appointed as a Junior Training Officer (JTO) during the year 1991 in Sri Renukamba Rural ITI, a private Craftsman Training Unit (for short, CTU) under a scheme known as

    Craftsman Training Scheme" jointly sponsored by the Central & State Government; I.P.P. Administrations and National Council for Vocational Training, for short 'NCVT'. That scheme laid down standards of training and trade testing, in order to maintain quality of the CT Us in the light of global economy, demand for high quality and proliferation of large number of CT Us vis a vis the demand of user industry and employment opportunities, dependant on rigorous affiliation procedures.

  3. The Joint Secretary of the Central Employment & Training, issued a letter - Annex.E, dated 28/7/1998 specifically pointing out to: (i) that unless the Standing Committee's Inspection Reports, for short "SCI Rs", reflect the fully acceptable position of training infrastructure, students should not be admitted for the courses; (ii) the State Director-in-charge of Craftsman Training, should personally scrutinize the SCI Rs before authorizing admission of students; (iii) experience disclosed problems arose when the standing committee inspections were delayed because of administrative or any other reasons and in the meantime admissions of the trainees when made, later on pressure was brought to permit trainees to take up the 'NCVT examination. In the backdrop of such circumstances, the Joint Secretary of Central Employment & Training directed that the effective date of affiliation of a trade be reckoned from the date of inspection by the Standing Committee.

  4. The State of Karnataka having regard to the Grant-in-aid Code for Private Industrial Training Institutes in Karnataka, 1997, for short 'Code', issued a circular dt. 15/11/1997, Annex.R1 to the statement of objections, that salary grant would be admitted to such of those CT Us which had completed 7 years after the affiliation.

  5. The Standing Committee inspected the CTU on 17/8/1991 for the first time and submitted the 'SCIR', Annex.A, pointing out to the defect/deficiency in relation to Mechanical (Motor Vehicle) Unit, and directing the CTU to procure a four wheel motor vehicle for imparting training.

  6. The...

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