The Allahabad High Court has stayed the coercive action against the four ITI institutes in Mathura and has called for a response from the Social Welfare Department. The Social Welfare Department has initiated action against these institutions by issuing show cause notices, which has been challenged in a petition.
The division bench of Justice M.C. Tripathi and Justice Sanjay Kumar passed this order while hearing a petition filed by Panna Lal ITI Shahjahanpur Road Mathura and four others.
Adarsh Bhushan, Advocate for the Petitioners, submitted that all the petitioners have established private ITIs, wherein electrical, fitter, mechanical course training are being imparted to students/trainees. They have completed all the formalities and raised spacious building as per guideline and norms laid down by the affiliating authority. Thereafter, the affiliation was granted to the petitioner’s institutions and they were also given user ID & password for admitting the students in the ITI Course.
The petitioners were smoothly running their institutions but suddenly the Director of Training/Member Secretary (NCVT), New Delhi, on the basis of news item published on August 11, 2018 held inspection of all the ITI institutions on October 3, 2018 in pursuance of the direction issued by the Directorate General of Training, Ministry of Skill Development and Entrepreneurship, Government of India, New Delhi.
Thereafter, the show-cause notices were issued to several institutions, which were later on found fit and proper for running respective courses and they have been excluded from the list of de-affiliation, including the petitioner institutions.
After this, Director, Social Welfare, Uttar Pradesh issued a show cause notice to the institutes on December 28, 2020 directing them to clarify in 15 days. The date of personal hearing was also fixed. But on the same day, unilateral action was also taken. Petitioners were not given an opportunity to present their case. The Court directed the Social Welfare Department not to take any tortious action against the institutions till the next hearing.
Sanjay Kumar Singh, Additional Chief Standing Counsel, prayed for and was accorded a week’s time to seek necessary instructions in the matter. The Court has fixed the next date of hearing for February 8.