Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE23D DAY OF OCTOBER20131ST KARTHIKA, 1935 WP(C).No. 26727 of 2012 (M) ---------------------------- PETITIONER(S): ----------------------- 1. SREESHA PARAMBAN, D/O.PURUSHOTHAMAN, AGED33YEARS, 'KRISHNA KRIPA', KUTTALI P.O.,KANNUR DISTRICT.
2. RESHMA P.P., D/O.P.P.BHARATHAN, THEJAS, KIZHUTHALLY, P.O. THAZHE CHOVVA, KANNUR DISTRICT. BY ADVS.SRI.K.C.SANTHOSHKUMAR, SMT.K.K.CHANDRALEKHA. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
3. THE SECRETARY, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, SHRAM SAKTHI BHAVAN, RAFI MARG, NEW DELHI-110 001.
4. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM-695 001. R1 & R2 BY GOVT. PLEADER SMT.K.A. SANJEETHA. R3 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG. OF INDIA. R4 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2310-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 26727 of 2012 (M) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE TRADE CERTIFICATE ISSUED IN FAVOUR OF THE1T PETITIONER. EXHIBIT P2: TRUE COPY OF THE TRADE CERTIFICATE ISSUED IN FAVOUR OF THE2D PETITIONER. EXHIBIT P3: TRUE COPY OF THE JUDGMENT
DATED0512-2003 IN O.P.NO.12982/2003 OF THIS HONOURABLE COURT. EXHIBIT P4: TRUE COPY OF THE JUDGMENT
DATED0512-2003 IN WP(C).NO.35549/2003 OF THIS HONOURABLE COURT. EXHIBIT P5: COPY OF THE ORDER
DATED2202/2008 AND MADE IN CIVIL APPEAL NO.1541-1544 OF 2008 OF THE APEX COURT. RESPONDENT'S EXHIBITS:- EXT.R2A COPY OF THE G.O.(RT) NO.1388/2007/LBR DATED1905/2007. EXT.R2B COPY OF THE LETTER DATED1312/2012. EXT.R2C COPY OF THE LETTER DATED0708.01.2013. EXT.R2D COPY OF THE REPLYLETTER DATED0901/2013. //TRUE COPY// P.S.TO JUDGE rs. A.M.SHAFFIQUE, J.
====================== W.P.(C)NO. 26727 OF2012======================= Dated this the 23rd day of October, 2013 JUDGMENT
The petitioners have completed the Industrial Training Institute (ITI) Course in Draughtsman(Civil) from Woman's Industrial Training Institute, Thottada, Kannur District in the month of March 1999 and July 1997 respectively. The said Institute is established by the Government of Kerala and it was affiliated to the National Council for Vocational Training. As per the Prospectus issued by the above institute, it is clearly mentioned that the trainees who complete the ITI course with not less than 80% of the attendance shall be eligible for appearing for the All India Examination conducted by NCVT(National Council for Vocational Training) and that they will be issued the National Trade Certificate. The complaint of the petitioners is that they were issued only State Trade Certificate and not the National Trade Certificate. By an interim order dated 17.11.2012, this WPC267272012 2 Court had directed the 2nd respondent to address a letter to the 3rd respondent to the effect that the particular Trade was included in the prospectus for enabling the 3rd respondent to issue the certificates.
2. The 2nd respondent has filed counter affidavit and they have also produced Ext.R2(b) letter addressed by them to the Secretary, National Council for Vocational Training. In Ext.R2(b) it is inter alia contended that the Government has equated the SCVT Certificate to National Trade Certificate for the appointment through Kerala Public Service Commission for the posts in which the qualification prescribed is National Trade Certificate. In the affidavit filed by the 2nd respondent, it is stated that the prospectus issued during the period 1996-98 and 1995-97 was in common for all the ITIs in the State. Distinction between the affiliated and unaffiliated trades was not being mentioned in the prospectus published till the year 2001. From the year 2002 onwards, the unaffiliated trades are being mentioned in the prospectus with a foot note and from 2004 onwards separate prospectus are being published for the affiliated and unaffiliated trades. Learned counsel for the petitioners relies upon the order WPC267272012 3 of the Supreme Court in Civil Appeal Nos.1541-1544 of 2008 which reads as under: "Application for exemption from filing O.T.is granted. Leave granted. Heard. Learned Addl.Solicitor General and learned senior counsel for the appellants. 2.The appellants herein had joined the Industrial Training Institute, Koilandy, an institution run by the Kerala State Government imparting vocational training, in the years 1996 to 2002 and completed the I.T.I. course in the trade of 'Fitter'. Though the said institute was affiliated to the National Council for Vocational Training (NCVT), it was not affiliated in regard to the trade of 'Fitter' during those years.
3. In the prospectus issued by the Institute during the relevant years it was clearly represented as follows: "Those who complete ITI course with not less than 80% of attendance shall be eligible for appearing for the All India Examination conducted by NCVT. Those who successfully pass in the examination shall be issued the National Trade Certificates".
4. The appellants joined the course in view of the said specific representation held out by the WPC267272012 4 State Government on successful completion of the course, they will be entitled to National Trade Certificates. But when they completed the course, they were issued only provisional certificates, but they were not issued the National Trade Certificate on the ground that the Institute was not affiliated in regard to the training of Fitter. They therefore filed writ petitions and the High Court, by the impugned judgment, declined to grant relief as the NCVT had not recognized the course in regard to the trade of fitter.
5. Similarly situated persons who had been denied the National Trade Certificates had earlier approached the Kerala High Court in O.P.No.11534/1996, O.P.No.12982/2003 and W.P. (C)No.35549/2003 and High Court directed the issue of the certificates. Those decisions became final and were complied with. Learned Addl.Solicitor General submitted that having regard to the facts and circumstances of the case, in particular the State Government having mentioned in the prospectus that the students who successfully complete the course would be issued National Trade Certificates and the earlier decisions in similar cases having been complied with, the NCVT would give National Trade Certificates in WPC267272012 5 these cases also having validity all over the country. The National Trade Certificates will have to be issued to all the appellants as also the proforma respondents who were writ petitioners, within three months. To expedite the process, the appellants and the proforma respondents are also permitted to submit applications with all relevant records to NCVT and on receipt of such applications, NCVT shall issue certificates to the eligible candidates/applicants within the period as mentioned above. Appeals are disposed of accordingly. No costs." 3. In fact when the Government of India, Ministry of Labour, the 3rd respondent herein had sought for certain clarification from the 2nd respondent in Ext.R2(d)it is indicated that the petitioner's case may be decided after passing final judgment in the present writ petition. In fact on a perusal of the order of the Supreme Court, it is clear that the National Trade Certificate was directed to be issued to the eligible candidates. The petitioners are also similarly placed persons.
4. Hence, I am of the view that this writ petition is only to be allowed and there will be a direction to the 2nd respondent to WPC267272012 6 make necessary recommendation to the 3rd respondent to issue National Trade Certificate in the Trade and the 3rd respondent shall issue such certificate within three months from the date of receipt of a copy of this judgment. Sd/- A.M.SHAFFIQUE,JUDGE ks.