TMI Blog2011 (4) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... chnical Education (AICTE), the Government of India appointed a Committee called the National Trade Certification Investigation Committee in the year 1951 with instructions to prepare a scheme for the establishment of an All India Trades Board which would award certificates of proficiency to craftsmen in various engineering and building trades. The said Committee made certain recommendations and while accepting the same, a central agency for coordinating the training programmes and awarding certificates of proficiency in craftsmanship on an all-India basis was created. The Government of India decided to transfer the administration of the training organization under the Directorate General of Resettlement and Employment to the control of the State Government concerned, retaining for itself the function of coordinating craftsmen training and laying down the training policy. (b) Accordingly, in consultation with the State Governments and other concerned parties, National Council for Vocational Training (NCVT) was set up in the year 1956 and was entrusted with the functions relating to establishing and awarding National Trade Certificates to craftsmen, prescribing standards and curr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he State Council granted approval to the opening of 161 new VTCs and for renewal of 112 already existing VTCs. (e) Despite the endeavour of the State Government to promote and encourage the participation of the private sector, it had not accorded permission to the institutions to run the vocational courses for the academic Session 2007-08. The members of the respondent's Association made representations to the State Government with regard to the same. Thereafter, in the meeting held on 23.10.2008, after detailed deliberation on various issues, it was decided that all the issues raised in the meeting including cancellation of affiliation, permission for fresh admissions and starting of fresh courses in different VTCs would be examined by a Sub- Committee to be constituted and headed by the Chief Secretary. Accordingly, the Sub-Committee was constituted on 25.10.2008. On 22.11.2008, the Sub-Committee, so constituted, submitted its report to the Government and the matter was taken up in the Cabinet meeting held on 25.11.2008. The effect of the decision of the Cabinet was that for the academic session 2007-08 there would be no admission for the courses which are being taught ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition before the High Court of Himachal Pradesh at Shimla through its President seeking certain reliefs. According to the respondent-Association, their members are imparting training in different Vocational Training Centres and are also recognized by the Himachal Pradesh SCVT. In order to appreciate the rival contentions, it is useful to refer the relief prayed for in the writ petition which reads as under:- It is, therefore, humbly prayed that this writ petition may be allowed, - (i) the respondents may be directed by issuing writ of mandamus to hold admission test for admitting students in SCVT Courses for the session 2007-08 and consequently sponsor the candidates to the Vocational Training Centres (VTCs) approved by the respondents for SCVT Courses; (ii) that in case it is felt by the respondents that there are certain other formalities which are required to be completed or there are shortcomings required to be removed by a particular Vocational Training Centre (VTC), the respondents may take corrective measures themselves and the concerned VTC may be allowed to remove the shortcoming within reasonable time and the course may continue uninterruptedly; (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner's association cannot be permitted to be left in a lurch by the arbitrary action of the State Government by denying them running of these courses. The Court has also observed that there is no explanation why the State Government has not permitted the running of these courses. After arriving at such conclusion in the last paragraph, the High Court allowed the petition and quashed the decision taken by the Cabinet on 18.07.2009. It is relevant to point out that after hearing the matter at length, the Division Bench reserved it for judgment on 03.07.2009. Before the pronouncement of the judgment, that is, on 12.08.2009, the Cabinet of the State Government after taking note of various aspects took a decision on 18.07.2009 discontinuing three courses under SCVT, namely, i) Art and Craft, ii) Library Science and iii) PTI. The High Court, after getting the said decision through the Addl. Advocate General, without reopening the case and hearing both sides about the matter as to the subsequent development, i.e., the decision of the Cabinet on 18.07.2009, simply quashed and set aside the same by issuing various directions. 8) We have already adverted to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 7 are approved. (ii) One institution must not be allowed to start more than 4 courses. The implementation report may sent to this Department within 15 days. Sd/- Special Secretary (GAD) to the Government of Himachal Pradesh Additional Chief Secretary (Technical Education) 10) It is seen that the Cabinet considered the proposal of the State Council for Vocational Training and after deliberation, the decision has been taken to continue various courses under SCVT except for the courses at Sl. No. 1 (Art and Craft), Sl. No. 4 (Library Science) and Sl. No. 7 (PTI). Though in the supplementary affidavit, the State has not highlighted the reason for discontinuing the three courses in the State of Himachal Pradesh, the High Court presumed that the State is precluded from taking fresh/revised policy in the matter of imparting technical education. In fact, in the said decision, the State has not barred all the institutions from continuing the courses already notified under SCVT. The Cabinet decided to discontinue only three courses. Inasmuch as the said Cabinet decision dated 18.07.2009 not being the subject- matter or issue of the writ petition, the State was not in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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