2025:KER:28575 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 46857 OF 2024 PETITIONER: ROBIN GEORGE AGED 23 YEARS S/O GEORGE JOSEPH KALAPPURACKAL HOUSE, PERUMTHOTTY P.O UDUMBANCHOLA , IDUKKI DISTRICT (TRAINEE, GOVERNMENT ITI KATTAPANA, ADMISSION NO.5378/23-ELECTRICIAN COURSE-2023-2025), PIN - 685609 BY ADVS. ANTONY NIKHIL REMELO AZEEM SALIH DELLA MARIAM THOMAS RESPONDENTS: 1 THE DIRECTOR DIRECTORATE OF INDUSTRIAL TRAINING THYCAUD P.O, THIRUVANANTHAPURAM, PIN - 695033 2 THE ADDITIONAL DIRECTOR DIRECTORATE OF INDUSTRIAL TRAINING, 4TH & 5TH FLOOR LABOUR COMPLEX, PMG JUNCTION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3 GOVERNMENT ITI KATTAPPANA REPRESENTED BY ITS PRINCIPAL, KATTAPPANA, 2025:KER:28575 W.P.(C) No.46857/2024 : 2 : IDUKKI DISTRICT, PIN - 685508 4 THE PRINCIPAL GOVERNMENT ITI KATTAPPANA , KATTAPPANA, IDUKKI, PIN - 685508 5 THE RETURNING OFFICER GOVERNMENT ITI KATTAPPANA , KATTAPPANA, IDUKKI, PIN - 685508 6 THE DISTRICT POLICE CHIEF, IDUKKI OFFICE OF THE DISTRICT POLICE CHIEF, CHERUTHONI, IDUKKI, PIN - 685602 7 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 BY SMT. ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON 04.04.2025 DELIVERED THE FOLLOWING: 2025:KER:28575 W.P.(C) No.46857/2024 : 3 : N. NAGARESH, J. ````````````````````````````````````````````````````````````` W.P.(C) No.46857 of 2024 ````````````````````````````````````````````````````````````` Dated this the 4th day of April, 2025 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner, who is a second year trainee undergoing ITI Course of Electrician in the Government ITI, Kattappana, has filed this writ petition seeking to quash Ext.P4 order of the 2nd respondent postponing the Trainees' Council election which was scheduled as per Ext.P2 Notification. The petitioner seeks to direct the respondents to conduct the election to Trainees' Council without further delay. 2. The petitioner states that the 2nd respondent issued Ext.P2 Election Notification for Trainees' Council in the Industrial Training Institutes for the year 2024-2025. The petitioner submitted nomination to the post of Chairman. The 2025:KER:28575 W.P.(C) No.46857/2024 : 4 : final list of candidates to the post of Chairman was published as per Ext.P3 list. The 2nd respondent, however, issued Ext.P4 order dated 19.12.2024 directing the 4th respondent to postpone the election sine die. The election was directed to be postponed holding that there is possibility of election violence. 3. The petitioner states that Ext.P4 order of the 2nd respondent is illegal and misconceived. If the Trainees' Council election is not conducted, it will cause irreparable injury to the petitioner. Though the petitioner submitted Ext.P5 representation to the respondents, no positive steps are taken to hold election. Hence, the petitioner is before this Court. 4. The respondents resisted the writ petition. On behalf of the 1st respondent-Director of Industrial Training, the Government Pleader submitted that the Police Inspector, Kadaikkal had instructed to stop the conduct of election as there existed tense situation due to rivalry between students' unions. Taking into consideration the volatile situation 2025:KER:28575 W.P.(C) No.46857/2024 : 5 : prevailing and the instructions from the Police, the 1st respondent directed to stop the election process. 5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 6. It is evident that the respondents have decided not to conduct elections to the Trainees' Council taking into account the tense situation which has arisen due to rivalry between students' unions. The Principal of the petitioner's Institute also made a request to postpone the election. The Police authorities even advised to shut down the campus, in order to avert violence. These facts would indicate the seriousness of the violent situation emerging in the area. 7. In the order dated 15.02.2025, the 1st respondent has stated that the training schedule in the Institutes is as per the Training Calendar provided by the Directorate General of Training, Government of India. If elections are declared again, sufficient time has to be provided 2025:KER:28575 W.P.(C) No.46857/2024 : 6 : for election related activities which would adversely affect the Training Program of the Institutes. The 1st respondent also pointed out difficulty in rescheduling the academic calendar prescribed by the Directorate General of Training. 8. The academic year is coming to an end in July, 2025. Unless the remaining academic time is fully utilised, the Institutes will not be able to provide the requisite training to the students of the Institutes. It was in such circumstances that a decision was taken by the respondents not to hold election for the academic year 2024-2025. In the circumstances of the case, I do not find any illegality or arbitrariness in the decision taken by the respondents. The petitioner does not have a statutory right to contest in Trainees' Council Elections. The writ petition is therefore dismissed. Sd/- N. NAGARESH, JUDGE aks/02.04.2025 2025:KER:28575 W.P.(C) No.46857/2024 : 7 : APPENDIX OF WP(C) 46857/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE IDENTIFY CARD OF THE PETITIONER ISSUED THE 3RD RESPONDENT INDUSTRIAL TRAINING INSTITUTE Exhibit P2 TRUE COPY OF THE NOTIFICATION NO DT 4939/2024/F3 DATED 10/12/2024 OF THE 2ND RESPONDENT DECLARING THE TRAINEE'S COUNCIL ELECTION Exhibit P3 TRUE COPY OF THE FINAL CANDIDATES LIST DATED 16/12/2024 TO THE POST OF CHAIRMAN PUBLISHED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO DT/4939/2024-F3 DATED 19/12/2024 OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 26/12/2024 OF THE PETITIONER TO THE 1ST, 2ND AND 4TH RESPONDENTS Exhibit P6 TRUE COPY OF THE LETTER DATED 18/12/2024 OF THE 4TH RESPONDENT ALONG WITH MINUTES OF THE STAFF MEETING RECEIVED BY THE PETITIONER UNDER RTI ACT Exhibit P7 TRUE COPY OF THE MASS REPRESENTATION DATED 17/02/2025 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ALONG WITH 438 TRAINEES SIGNATURES 2025:KER:28575 W.P.(C) No.46857/2024 : 8 : RESPONDENT'S EXHIBITS Exhibit R2(a) True copy of the Letter No. G1(a)- 63872/2024/ID 15-02-2025 of District Police Chief,Idukki Exhibit R2(b) Order No.DT/4939/24/F3 dated 15-02- 2025