- 1 - NC: 2025:KHC:6055 WP No. 21497 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21497 OF 2024 (EDN-RES) BETWEEN: OXFAM INDUSTRIAL TRAINING CENTRE MADHUGIRI, BEHIND AC OFFICE MADHUGIRI TALUK, MADHUGIRI DISTRICT - 572 132, REPRESENTED BY ITS PRINCIPAL CUM-SECRETARY SRI SHIVSHANKARAPPA SON OF BEERAPPA AGED ABOUT 39 YEARS …PETITIONER (BY SMT. PAVITHRA N., ADVOCATE FOR SRI. NAGARAJAPPA A., ADVOCATE) AND: 1. THE DIRECTOR GENERAL, MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP ROOM NO.102, 1ST FLOOR EMPLOYMENT EXCHANGE BUILDING PUSA CAMPUS, PUSA AREA NEW DELHI - 110 012 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP AND INDUSTRIAL TRAINING, MULTI STORIED BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 3. THE COMMISSIONER/DIRECTOR FOR EMPLOYMENT AND TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN DAIRY CIRCLE, BANNERUGHATTA ROAD, BANGALORE - 560 029. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6055 WP No. 21497 of 2024 4. THE JOINT DIRECTOR (TRAINING) AND EX-OFFICIO JOINT APPRENTICE ADVISOR, DIVISION OF BENGALURU (E AND T) KOUSHALYA BHAVAN, DAIRY CIRCLE BANNERGHATTA ROAD BENGALURU - 560 029. …RESPONDENTS (BY SRI. M.N.KUMAR, CGSPC FOR R1 SMT. NAVYA SHEKAR, AGA FOR R2 TO R4.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER INSTITUTION DTD. 28.06.2024 MARKED AT ANNX-G TO TAKE EXAMINATIONS FOR THE YEAR 2022-2024 (2ND YEAR OF TWO YEARS COURSE) WITHOUT FINE AND SEEKING PERMISSION TO PERMIT THE PETITIONER INSTITUTION TO ADMIT THE STUDENTS FOR THE ACADEMIC YEAR 2023-2024 AND ANOTHER REPRESENTATION SUBMITTED BY THE PETITIONER INSTITUTION DTD. 08.07.2024 MARKED AT ANNX-H SEEKING TO OPEN THE ONLINE PORTAL TO COMPLETE THE 2ND AND 3RD STAGE OF PROCEDURE TO OBTAIN RE- AFFILIATION AND ETC., THIS W.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:6055 WP No. 21497 of 2024 ORAL ORDER The petitioner is seeking for the following prayers: "(a) issue an order or direction or writ in the nature of writ of Mandamus directing the 3rd respondent to consider the representation submitted by the petitioner institution dated 28.06.2024 marked at Annexure G to take examinations for the year 2022-2024 (2nd year of two years course) without fine and seeking permission to permit the petitioner institution to admit the students for the academic year 2023- 2024 and another representation submitted by the petitioner institution dated 08.07.2024 marked at Annexure -H seeking to open the online portal to complete the 2nd and 3rd stage of procedure to obtain re-affiliation, in the interest of justice and equity. (b) issue an order or direction or writ in the nature of writ of Mandamus directing the 1st and 3rd respondent to complete the formalities of re- affiliation as the petitioner completed all the formalities which is required and allow the institution to admit and to appear examinations to be conducted in the future. (c) issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity." - 4 - NC: 2025:KHC:6055 WP No. 21497 of 2024 2. Heard Smt. Pavithra N, learned counsel for Sri. Nagarajappa A, learned counsel for the petitioner, Sri. M N Kumar, learned CGSPC for respondent No.1 and Smt.Navya Shekar, learned AGA for respondent Nos.2 to 4. 3. The petitioner established the Industrial Training Centre in the year 2004 at Madhugiri, obtained affiliation on 24.08.2007 and had subsequently shifted to a new premises in the year 2018. The department had repeatedly issued circulars to the management that they should submit applications on the online portal of the Directorate General of Training (DGT), New Delhi and acquire the affiliation before admitting students. The DGT had instructed the institution to take immediate action to submit online application in National Council for Vocational Training (NCVT) affiliation portal and the department had also intimated that it was the sole responsibility of the management to submit application on the online portal - 5 - NC: 2025:KHC:6055 WP No. 21497 of 2024 and obtain re-affiliation. The petitioner had approached this Court in W.P 8801/2022 vide interim order the petitioners were directed to make necessary application for re-affiliation and respondent were directed to consider after inspection and looking into the material whether it was feasible to grant re-affiliation. 4. The petitioner institution submitted an application for re-affiliation, an inspection was conducted on 24.04.2023 for giving NOC to apply online for affiliation as also shown that there is a shortage of class room, power and that the building is constructed with thin sheet. An endorsement was issued by the department to the petitioner institution that it was not feasible to give NOC to the petitioner institute for applying on the affiliation portal. 5. DGT considered the application of the petitioner institute and rejected the affiliation application of the petitioner institute as they had not completed the application on the portal. Further the DGT vide order dated - 6 - NC: 2025:KHC:6055 WP No. 21497 of 2024 20.08.2024, ordered that the petitioner institution de- affiliated with immediate effect and no further admissions will be allowed. 6. The petitioner has produced the order dated 20.08.2024 passed by the DGT, which reads as under: This is in reference to the Hon'ble Court's direction dated 26.06.2023 in WPC 8801/2022 and other connected matters in which the court has directed the respondent No.1, DGT that "the authority would keep the portal active for a period of four weeks and they will intimate the institutions to upload the applications along with requisite documents online." 2. In compliance of Hon'ble court's directions, the NIMI portal was opened from 18.08.2023 to 17.09.2023 for the petitioner ITIs including Oxfam ITC to apply in order to regularize the shifting. Accordingly, the it is had to complete the application and pay the NIMI application fees. 3. The Oxfam ITC had initiated application for location shift on NIMI but did not - 7 - NC: 2025:KHC:6055 WP No. 21497 of 2024 complete the application. Hence, the ITI application was rejected by the competent authority due to being incomplete at Desktop Assessment Stage-1. The same was communicated to the petitioner institute vide email dated 06.05.2024. 4. The ITI does not have existence either of the location since, the shifting is not recommended at new location and as per clause 3.5.1 of Affiliation norms 2018, if any ITI relocates to new location it leads to de- affiliation of institute at the old location. Hence Oxfam ITC is liable to be de-affiliated at old location. 5. In this regard, it is hereby informed that the Oxfam ITC is de-affiliated with immediate effect and no further admissions will be allowed. The details are given below: ITI Name and MIS code Trade / units Oxfam ITC (PR29000666) Madhugiri Taluk, Dist. Tumakuru, Karnataka - 572 132. 1. Electronics Medchanic - 2 (1+1) 2. Fitter - 2(1+1) Institute and State Directorate shall ensure that all the trainees who were already enrolled - 8 - NC: 2025:KHC:6055 WP No. 21497 of 2024 in previous sessions, complete the training duration and no fresh trainees are admitted. (Emphasis supplied) This issues with the approval of competent authority. 7. This court by way of interim order dated 08.08.2024 passed the following order: "In the meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and subject to the final out come of this petition, students of the petitioner's institution are permitted to take up the examinations for session 2022-24 (2nd year of Two years course) scheduled to be commenced from 12.08.2024 onwards." 8. Petitioner submits that order of the DGT indicates that institute and State Director shall ensure that all the trainees who were enrolled in the previous sessions, complete the training duration and no fresh training to be admitted. It is the submission of the petitioner that - 9 - NC: 2025:KHC:6055 WP No. 21497 of 2024 representation at Annexure G be considered in the light of the communication dated 20.08.2024 issued by respondent No.1 - DGT. 9. The representation submitted by the petitioner dated 28.06.2024 at Annexure G be considered by respondent No.3 within a period of two weeks from date of receipt of the order, in accordance with law. With the said observation, the writ petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA SPV/SS List No.: 1 Sl No.: 8