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2025 DAILYLAW 35765 (KAR)

THE HI-TECH ITI v. THE DIRECTORATE GENERAL

WP/32138/2024 · 2025-01-22

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:2808 WP No. 32138 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32138 OF 2024 (EDN-RES) BETWEEN: THE HI-TECH ITI, REPRESENTED BY ITS PRINCIPAL, SRI SRINATH T.V, BELLARY ROAD, PAVAGADA TOWN, TUMKURU DISTRICT - 561 202. …PETITIONER (BY SRI. NAGARAJAPPA A, ADVOCATE) AND: 1. THE DIRECTORATE 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. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2808 WP No. 32138 of 2024 3. THE COMMISSIONER/DIRECTOR FOR EMPLOYMENT AND TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING AND EMPLOYMENT, KAUSHALYA BHAVAN, DAIRY CIRCLE, BANNERUGHATTA ROAD, BANGALORE - 560 029. 4. THE JOINT DIRECTOR (TRAINING) AND EX-OFFICIO JOINT APPRENTICE ADVISOR, DIVISION OF BENGALURU (E AND T), KOUSHALYA BHAVAN, DAIRY CIRCLE, BANNERUGHATTA ROAD, BANGALORE - 560 029. …RESPONDENTS (BY SRI. MALLANAGOUDA H, CGC FOR R1; SMT. MAMATHA SHETTY, AGA FOR R2, R3 AND R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE 2ND SHOW CAUSE NOTICE DATED 28.08.2024 OF THE R3 IN KAITAHU/TARABETHI/VI.VA-07/22-23 MARKED AS ANNEXURE-N AND ETC., THIS PETITION, COMING ON FOR INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:2808 WP No. 32138 of 2024 ORAL ORDER 1. The petitioner is seeking following reliefs: "a. issue an order or direction or writ in the nature of writ of certiorari quashing the 2nd show cause notice dt: 28.08.2024 of the Respondent No.3 in KaiTahu/Tarabethi/Vi.Va-07/2022-23 marked as Annexure-N. b. issue an order or direction or writ in the nature of writ of mandamus directing the 3rd respondent consider the representation dated 29.07.2024 marked at Annexure-M1 and representation dated 19.09.2024 marked at Annexure-N1. c. issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.2, 3 and 4. 3. The grievance of the petitioner is the non- consideration of the reply submitted to the show cause - 4 - NC: 2025:KHC:2808 WP No. 32138 of 2024 notice and representation by the petitioner before respondent No.3 at Annexures-M1 and N1 respectively. 4. Show cause notice was issued by respondent No.3 to the petitioner, to which the petitioner had replied and along with reply petitioner has also submitted representation to respondent No.3, requesting for filling up of online portal and also seeking to continue the institution in the old building. Non-consideration of the reply and representation by respondent No.3, has made the petitioner to approach this Court in this writ petition. 5. Learned Additional Government Advocate submits that if some reasonable time is accorded, the reply submitted to the show cause notice and representation of the petitioner would be considered in accordance with law. 6. The said submission is taken on record, grievance of the petitioner would be meted if necessary - 5 - NC: 2025:KHC:2808 WP No. 32138 of 2024 direction is issued to respondent No.3 to consider the same. 7. In light of the same, this Court pass the following: ORDER i. The writ petition stands disposed of. ii. This Court directs respondent No.3 to consider the reply submitted to the show cause notice and representation of the petitioner within a period of four weeks from the date of release of this order strictly in accordance with law. iii. This Court has not expressed merits and demerits of the case. iv. All contentions are kept open. v. Pending IA's if any does not survive for consideration. Sd/- JUSTICE K.S. HEMALEKHA AT/List No.: 1 Sl No.: 64 CT: BHK