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CASE NO.: Appeal (civil)  1541-1544 of 2008

PETITIONER: SUDHEESH C.M. & ORS

RESPONDENT: DIRECTOR OF TRAINING, I.T.D.T. & ORS

DATE OF JUDGMENT: 22/02/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NOS.1541-1544 OF 2008 (@SPECIAL LEAVE PETITION (C.)NOS.25136-25139 OF 2005)

       Application for exemption from filing O.T. is granted. Leave granted.   Heard Learne d  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 inst itute  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 courses 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 ou t  by the State Government that on successful completion of the course, they will be entitled t o  National Trade Certificates.  But when they completed the course, they were issued only  provisional certificates, but were not issued the National Trade Certificates on the ground  that the Institute was not affiliated in regard to the trade of Fitter.   They, therefore, f iled writ  petitions  and the High Court, by the impugned judgment, declined to grant relief as the  NCVT had not recognised 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. 6.      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 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 w

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ho  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.