Sanska Fire And Safety Private Iti vs. Directorate General Of Training

Held

The Court held that the de-affiliation order was vitiated for non-compliance with the principles of natural justice, as it was passed without issuing a show cause notice and without providing the petitioner with a proper opportunity to be heard. The Court found the petitioner's reliance on previous judgments of this Court in similar circumstances to be squarely applicable. Consequently, the Court quashed the impugned recommendations dated January 19, 2021, and the communication dated March 12, 2021, as far as the petitioner was concerned. The Court directed the respondent to issue a show cause notice to the petitioner, spelling out the grounds for de-affiliation, within four weeks. The petitioner was to file a reply within three weeks thereafter, and the respondent was to pass a reasoned speaking order, duly communicated to the petitioner, within four months from the date of the show cause notice. The admission of 34 students by the petitioner for the academic year 2020-2021 prior to the de-affiliation order was not to be disturbed, and the petitioner was granted access to the NCVT MIS portal pending the conclusion of the proceedings. The respondent was directed to take action within one week.

Facts

The petitioner, Sanska Fire and Safety Private ITI, filed a writ petition challenging the de-affiliation order passed by the Directorate General of Training (DGT). The de-affiliation was based on the findings of a Joint Inspection Committee, which noted deficiencies such as incomplete salary disbursement via bank transactions for staff, a low number of trainees present on inspection day (attributed to online classes due to COVID-19), procurement irregularities (bills without GST numbers and bill numbers), incomplete placement records, and a lack of evidence for using the institute for shipping operations courses. The petitioner argued that the de-affiliation order was unreasoned and passed without a show cause notice. The respondent, Union of India, stated that a reasoned order had been passed on March 12, 2021, but failed to place it on record. The petitioner had placed a covering letter dated March 12, 2021, enclosing minutes of a meeting dated January 19, 2021.

Key Issues

1. Whether the de-affiliation order passed by the Directorate General of Training (DGT) is vitiated for being unreasoned and passed without adhering to the principles of natural justice, specifically without issuing a show cause notice to the petitioner, thereby violating the petitioner's right to an opportunity to be heard? Contentions: Petitioner: Argued that the de-affiliation order is unreasoned and was passed without issuing a show cause notice. Relied on this Court's previous orders in W.P.(C) 8871/2020 and 8873/2020, where similar de-affiliation orders were quashed for violating principles of natural justice and requiring a reasoned order after a show cause notice. Respondent: Submitted that a reasoned order had been passed on March 12, 2021, but failed to place it on record. No specific arguments were recorded regarding the petitioner's contention of lack of show cause notice or reasoned order.