CWP-17330-2021 (O 201 IN THE Achievers Welf Union of India a CORAM: HO HO Present:- Mr Mr for Mr SHEEL NAGU Th ‘Achievers We training skills (for short ‘ITI’) 2. Th (Annexure P- Development recommended Development a 021 (O&M) THE HIGH COURT OF PUNJAB CHANDIGARH Date o s Welfare Society versus India and others HON’BLE MR. JUSTICE SHEE HON’BLE MR. JUSTICE SUDH Mr. Munish Gupta, Advocate for p Mr. Anil Chawla, Senior Panel Cou for respondents No.1 to 3-UOI. Mr. Deepak Balyan, Additional AG ***** AGU, CHIEF JUSTICE (ORAL) The present petition has been f rs Welfare Society’, which is eng kills in various trades by setting up of ‘ITI’). The petitioner is aggrieved by imp -19) by which the Assistant & Industrial Training Depar nded to the Director General (T ent and Entrepreneurship, New Delh 1 of 3 JAB AND HARYANA AT ARH CWP-17330-2021 (O&M) Date of decision: January 08, 2025 ….Petitioner ….Respondents SHEEL NAGU, CHIEF JUSTICE SUDHIR SINGH e for petitioner. Counsel nal AG Haryana. been filed by a society styled as s engaged in imparting industrial of an Industrial Training Institute impugned order dated 22.07.2021 istant Director (Training-3), Skill Department, Haryana, Panchkula ral (Training), Ministry of Skill Delhi to de-affiliate the petitioner 3 M) 2025 ioner s ICE d as strial titute 2021 Skill kula Skill ioner MAHAVIR SINGH 2025.01.13 15:24 I attest to the accuracy and authenticity of this order/ judgment CWP-17330-2021 (O&M) 2 of 3 on the ground that lease of the land on which the ITI was set up, has expired on 14.09.2019. 3. This Court while taking cognizance of this matter, on 06.09.2021, had stayed the operation of the impugned order as a result of which, the ITI being run by the petitioner-Society is still conducting training in respective trades. 4. Respondents No.1 to 3 have filed short reply dated 22.03.2022 and subsequently, a compliance affidavit dated 18.03.2024, from which it is revealed that the impugned order dated 22.07.2021 (Annexure P-19) is a mere recommendation made by the Assistant Director (Training-3), Skill Development & Industrial Training Department, Haryana, Panchkula to the competent authority i.e., respondent No.2 – Director General (Training), Ministry of Skill Development and Entrepreneurship, New Delhi for taking a final decision on the said recommendation. 5. The said Returns further reveal that the competent authority i.e., respondent No.2 has refrained from taking any call over the aforesaid recommendation due to the matter being subjudice in the present petition. 6. Though there is dispute by learned counsel for the petitioner that the impugned order dated 22.07.2021 (Annexure P-19) is not a recommendation, but a decision taken, but considering the fact that the Assistant Director (Training-3), Skill Development & Industrial Training Department, Haryana, Panchkula who has issued the impugned order is not the competent authority to take a final decision on the question of de- affiliation of the ITI being run by the petitioner-Society, it is thus obvious that MAHAVIR SINGH 2025.01.13 15:24 I attest to the accuracy and authenticity of this order/ judgment CWP-17330-2021 (O&M) 3 of 3 the matter has not yet been considered by the competent authority i.e., respondent No.2. 7. In view of the above and the fact that no prejudice would be caused in the backdrop of the interim order passed by this Court, it would be appropriate that the present petition is disposed of with a direction to the competent authority i.e., respondent No.2 to afford an opportunity to the petitioner to make his representation in the wake of the impugned order, along with the stand taken by respondents No.1 to 3 by way of short reply dated 22.03.2022 and the compliance affidavit dated 18.03.2024, and pass an appropriate speaking order within a period of 02 months from the date of receipt/production of this order. 8. Petition stands disposed of, accordingly. 9. It is made clear that till a final call is taken by the competent authority i.e., respondent No.2 – Director General (Training), Ministry of Skill Development and Entrepreneurship, New Delhi pursuant to this order, no coercive steps will be taken against the petitioner-society in respect of de- affiliation of the ITI being run by it. 10. Pending application(s), if any, shall also stand disposed of. (SHEEL NAGU) CHIEF JUSTICE (SUDHIR SINGH) JUDGE January 08, 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.01.13 15:24 I attest to the accuracy and authenticity of this order/ judgment