In a recent ruling by the Delhi High Court, the case regarding the activation of the NIMI Portal for admissions in Bihar was discussed. The court provided directions to ensure that eligible students in electrician and fitter trades are able to upload their data. Stay informed about this crucial legal development!
Facts
- The petitioner claims to have admitted 64 students for the electrician and fitter trades for the academic session 2023-25 in Bihar.
- Petitioner seeks a writ of mandamus to activate NCVT and NIMI portals for data upload.
- DGT provides user ID and password after data verification by State Directorate.
- State Directorate checks if students meet eligibility criteria and were admitted before cut-off dates.
- ITI is informed of any discrepancies for appropriate action by students.
- Admissions for the academic session 2023-2025 started in August and September 2023.
- NIMI Portal activated for 3 days by State Directorate.
- Data of eligible students is transmitted to NCVT-MIS portal for issuing Hall Tickets/Admit Cards.
- Left out members filed application in a disposed matter, allowed to file fresh petition.
Arguments
- The court directs the State Directorate to verify the data of each ITI to ensure students meet eligibility criteria before the cut-off date.
- The left out members of the petitioner association are entitled to the same relief as granted in a previous case.
- The petitioner’s counsel requests directions for verification and uploading of student data by the State Directorate and DGT.
- The State Directorate visited petitioner institutions on a Saturday for verification.
- The online portal in Bihar was open for data upload until 30.10.2022.
- The petitioner’s counsel asserts that all ITIs admitted students before the cut-off date as per eligibility criteria.
- The petitioner seeks permission for uploading student data after verification.
- The DGT opposes allowing data upload due to missed deadlines for submission.
- Similar directions were issued in a previous case involving 58 ITIs.
- The main dispute is whether ITIs should be allowed to upload student data at this point.
- Learned counsel for the petitioners asserts that the students admitted by each ITI meet the basic eligibility criteria and were admitted before the cut-off date.
- Due to technical reasons, the students should not be deprived of the opportunity to take their respective examinations.
Analysis
- The State Directorate will verify the date of admission of students to ensure it was before the cut-off date.
- Students have the right to raise grievances in accordance with the law.
- If ITIs fulfill basic eligibility criteria and admitted students before the cut-off date, directions will be issued to upload relevant data on the NIMI portal.
- The inspection day discrepancy between petitions is noted but not addressed further in this judgment.
- Petitions are disposed of based on directions from previous similar cases.
- The State Directorate has the liberty to visit petitioners’ premises during working hours on a working day to verify student admissions.
- The State Directorate will verify if students admitted by ITIs meet basic eligibility criteria for their trades and inform the institutions about any unapproved admissions.
- The NIMI portal is open for only three days from today till 16 May 2024.
- Physical inspection of the petitioners’ premises may not be feasible before that date.
- The State Directorate is required to verify the number of students admitted based on data provided by the institution for uploading on NIMI portal.
- Inspection of the petitioner’s institution for infrastructure and facilities can be done at a later time and is not necessary before data upload.
Decision
- Respondents are directed to notify the activation of NIMI Portal for petitioner-institutions.
- Eligible students are allowed to appear in the examinations after data verification.
- Exercise to be completed before 15.06.2023.
- Respondent-DGT to activate NIMI portal for data upload by petitioner-institutions.
- Approved admissions to be migrated from NIMI Portal to NCVT MIS Portal.
- State Directorate granted liberty to visit petitioner premises for data verification.
- State Directorate to verify data of 64 students in electrician and fitter trades.
- Data of eligible students to be forwarded online to NCVT-MIS Portal by State Directorate.
- DGT to issue user ID and password to the petitioner after verifying forwarded data.
- User ID and password to be provided to petitioner by DGT before 31 May 2024.
- Writ petitions disposed off with above directions.
Case Title: MD HAROON PRIVATE ITI Vs. DIRECTORATE GENERAL OF TRAINING & ANR. (2024:DHC:3981)
Case Number: W.P.(C)-5128/2024
