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TMI Blog2011 (4) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... asis 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 curriculum for craftsmen training in the technical and vocational trades throughout the country and advising and assisting the Central Government on the overall training policy and programmes. On similar lines, State Council for Vocational Training (SCVT) was created to deal with all the matters relating to Vocational Training at the level of the State. The Government of Himachal Pradesh, in consonance with National Policy of Education (NPE) 1986, as revised from time to time, decided to adopt a policy for producing manpower in the conventional as well ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ues, 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 by the respondent herein and subsequent to the Cabinet decision, Government Order dated 19.12.2008 was issued. In compliance with the Cabinet decision dated 25.11.2008 and the Government Order dated 19.12.2008, eight Inspection Committees were constituted by the Director, Technical Education for the inspection of Vocational Training Centres (VTCs) and recommendations of these Committees were sent to the Government and placed before the State Cabinet in its meeting dated 18.07.2009. (f) Challenging the decision of the Cabinet dated 25.11.2008 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) that the respondents may be directed to commence admissions process forthwith for all the permitted courses for which the Vocational Training Centres (VTCs) were affiliated/approved in the past and the students may be allocated to the concerned PTC at the earliest; (iv) that in case the central counseling has become difficult for the respondents, the concerned Vocational Training Centre (VTC) may be permitted to admit students of its own by giving due regard to the minimum standards as fixed by the respondents for a particular course; (v) Any other re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment 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 relief prayed for by the respondent-association in the said writ petition. Admittedly, there is no prayer for quashing of even earlier Cabinet decision or order of the government. The conclusion of the High Court quashing the Cabinet decision dated 18.07.2009 and as a consequence issuing several directions is unacceptable and contrary to the well established principles. First of all, there was no prayer for quashing of any decision of the State Government much less the subsequent Cabinet decision dated 18.07.2009. If the High Court was interested in goin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 a position to highlight all the details before the Court. Accordingly, we are satisfied that the High Court was not justified in interfering with the Cabinet decision dated 18.07.2009 which was not the issue or challenge in the writ petition. We are also unable to accept the conclusion of the High Court that the petitioner's association (respondent herein) is entitled to run all the courses under the principle of `legitimate expectation'. 11) The High Court has lost sight of the fact that education is a dynamic system and courses/subjects have to keep ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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