TMI Blog2013 (11) TMI 1500X X X X Extracts X X X X X X X X Extracts X X X X ..... denying the said benefit to the Applicant the reasoning of Ld. Adjudicating Authority that since the certificate issued by the Applicant would not directly entitle a candidate to seek employment or undertake self-employment, hence their institute could not be called as vocational institute - prima facie to qualify as vocational training institute, it is not necessary that the certificate issued to the candidate should lead directly to employment or self-employment. In these circumstances the Applicant could able to make out a prima facie case for total waiver of pre-deposit of dues adjudged. Accordingly all dues adjudged are waived and recovery thereof stayed during pendency of the Appeal - Following decision of M/s Indian Institute of Airc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning institute means a commercial training or coaching centre which provides vocational training or coaching that imparts skills to enable the trainee to seek employment or undertake self-employment, directly after such training or coaching; 2.1 The adjudicating authority denied them the benefit of the said Notification on the ground that the certificate awarded by the Applicant to the trainees/candidates does not enable them to seek employment or undertake self-employment directly but prepares them only for an examination conducted by the D.G.C.A.. 2.2 The Ld.Advocate further submitted that the very same issue has been considered by the Hon ble Delhi High Court in a recent judgement passed in the WP(C) No.3513/2012 dated 21.05.2013 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducted by DGCA to make them eligible to take employment as an aircraft maintenance engineer. We find that in denying the said benefit to the Applicant the reasoning of Ld. Adjudicating Authority that since the certificate issued by the Applicant would not directly entitle a candidate to seek employment or undertake self-employment, hence their institute could not be called as vocational institute. Prima facie, we find that the Honble Delhi High Court has considered the said issue in the aforesaid W.P. and observed as follows.:- 27. The reasoning in the impugned Instruction dated 11th May, 2011 that because the qualification awarded by the Institute does not culminate in automatic issuance of license/authorization by the DGCA to certif ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
