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2025 DAILYLAW 50143 (RAJ)

R.R. PVT. ITI v. STATE OF RAJASTHAN

CW/8252/2025 · 2025-11-04

Sanjeet Purohit

body2025

Judgment text

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[2025:RJ-JP:44295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8252/2025 R.R. Pvt. ITI, Mahuwa Road, Machedi, Rajgarh, District Alwar Society Mahatama Jyoti Rao Phule Seva Sansthan, Alwar Through Secretary Smt. Pushpa Devi W/o. Sh. Chiranji Lal Saini, Aged 40 Years, R/o. Purana Rajgarh, District Alwar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Technical Education, State Of Rajasthan, Jaipur. 2. Director, Technical Education, Rajasthan, W-6, Residency Road, Jodhpur-342001 3. Director General Of Employment And Training (DGET), Ministry Of Labour And Employment, Govt. Of India, Shram Shakti Bhawan, Rafi Marg, New Delhi. ----Respondents For Petitioner(s) : Ms. Aradhana Swami, Mr. Khurshid Ahmed Khan For Respondent(s) : Mr. Ramsingh Bhati for respondent No.3 Mr. Avanish Kumar Sharma, Dy. G.C. through V.C. for respondent No.1 & 2 HON'BLE MR. JUSTICE SANJEET PUROHIT Order 04/11/2025 1. Learned counsel for the petitioner submits that earlier a show cause notice dated 20.06.2020 (Ann.2) was issued by the respondent No.3 – Director General of Employment & Training (DGET), calling upon the petitioner to submit explanation regarding proposed action de-affiliation of petitioner – institution based on inspection report submitted by the respondent No.2 - Director, Technical Education, Rajasthan. The said show cause [2025:RJ-JP:44295] (2 of 4) [CW-8252/2025] notice was challenged before this Court by way of filing S.B. Civil Writ Petition No.9773/2020, wherein interim order was passed on 04.09.2020. 2. In the present writ petition, the petitioner has challenged the order dated 09.08.2023 (Ann.11), whereby the recommendation has been made for de-affiliation of the petitioner - Institute w.e.f. Academic Session 2023-24. 3. Learned counsel for the respondents submits that during the course of inspection, the Institute was found to be closed and therefore, recommendation for de-affiliation was made to the DGET. 4. Learned counsel for the petitioner has relied upon the order dated 03.02.2025 passed by a coordinate Bench of this Court at Principal Seat, Jodhpur in S.B. Civil Writ Petition No.11952/2024: Hanumangarh BRC Pvt. Industrial Training Institute Vs. State of Rajasthan & Ors. as well as the order dated 10.02.2025 passed in S.B. Civil Writ Petition No.11506/2024: Maa Annapurna Private Industrial Training Institute Vs. State of Rajasthan & Ors., wherein, in relation to the similar cases, where the recommendation for de- affiliation was made, this Court has directed the respondent – authorities to undertake a fresh inspection of the Institute and to pass appropriate orders in accordance with the rules. 5. Counsel for the petitioner has, thus, prayed for a similar relief. Learned counsel for the respondents does not object the said prayer of the petitioner. 6. In view of above, the present writ petition is disposed of in terms of the order dated 03.02.2025 passed by this Court in the [2025:RJ-JP:44295] (3 of 4) [CW-8252/2025] case of Hanumangarh BRC Pvt. Industrial Training Institute (supra), which reads as under :- “Heard learned counsel for the parties. The present writ petition has been filed for the following reliefs:- “(I) By an appropriate writ, order or direction, the action of the respondents in recommending for de- affiliation of the petitioner college may be declared illegal and unjustified, and the order dated 06.06.2023 (Annexure-4) as well as the decision taken by the respondents in its 16th meeting wherein the petitioner has been shown at serial No.5 as referred in Agenda 5.1 De-affiliation of ITIs of Rajasthan State qua the petitioner, may kindly be declared illegal and be quashed and set aside. (ii)By appropriate writ, order or direction, the respondents may be refrained from de- affiliating the petitioner institution and further be directed to re- activate the petitioner institution on online Portal of NCVT from the 2024-25 session onwards. (iii)That further it is prayed that the petitioner institution be included in the admission process for the year 2024-25onwards and its seats be filled”. Learned counsel for the petitioner submits that in pursuance of the directions issued by this court on 30.08.2024, the petitioner institute was inspected by respondent No.5 wherein certain infirmities were pointed out. Learned counsel further submits that the shortcomings so pointed out have rectified/corrected by the petitioner. He, therefore, prays that the respondent No.5 may be directed to re-inspect the petitioner’s institute and if the same is found in order, necessary orders for affiliation of the petitioner institute may be passed in accordance with law. Learned counsel for the respondents is not in a position to refute the submission made by learned counsel for the petitioner. However, learned counsel for the respondents submits that liberty may be granted to the respondents to issue appropriate orders after inspecting the institute of the petitioner in accordance with law. Considering the submissions made before this court, the present writ petition is disposed of with a direction to the respondent No.5 for re-inspecting the petitioner institute and pass appropriate orders. Needless to say that if the petitioner institute is found meeting all the criteria for affiliation then necessary orders for affiliation of the petitioner institute may be passed, in accordance with the rules. If the petitioner institute is found to be lacking in requisite facilities then orders may be passed for not affiliating the petitioner institute in accordance with law.” [2025:RJ-JP:44295] (4 of 4) [CW-8252/2025] 7. The order passed in case of Hanumangarh BRC Pvt. Industrial Training Institute (supra), shall be applicable to the present case mutatis mutandis. 8. Needless to say that the compliance of the afore-referred direction shall be made expeditiously preferably within a period of eight weeks from the receipt of copy of this order. 9. Stay application and any other pending application, if any, also stand disposed of. (SANJEET PUROHIT),J TN/32