Delhi High Court Judgement: Data Upload Dispute Between State Directorate and ITIs

In a recent Delhi High Court judgement, the dispute over data upload between the State Directorate and ITIs has been addressed. This case sheds light on the complexities surrounding the verification and uploading of student data in academic institutions. Stay informed about the implications of this ruling for both the State Directorate and the ITIs involved in the case.

Facts

  • The petitioner-association seeks access to NCVT-MIS and NIMI portals to upload data of leftover trainees admitted for the academic session 2022-24.
  • DGT provides user ID and password to ITIs after State Directorate verification of student data.
  • State Directorate verifies data of each trainee in ITIs to ensure eligibility and timely admission.
  • ITIs are notified of any students falling short of standards for appropriate action.
  • Admissions for the academic session 2023-25 commenced in August and September 2023.
  • State Directorate uploads trainee figures on NIMI Portal operated by them with DGT access.
  • Petitioner filed the petition seeking relief for left out members in the admission process.
  • ITIs upload student data on NCVT-MIS portal for examination and admit card issuance.
  • NIMI Portal activated for a limited period for data transmission to NCVT-MIS portal.
  • Left out members previously filed application in a disposed matter and were advised to file a fresh petition.

Arguments

  • The petitioner’s counsel requests directions to the State Directorate to verify data of students admitted by the petitioner institution and upload it on the NIMI portal.
  • The counsel also asks for eligible student data to be transmitted online to the NCVT-MIS Portal of the DGT.
  • The DGT should then examine the forwarded data and provide user-ID and password to the petitioner for uploading student information on the NCVT-MIS Portal.
  • Concerns raised about non-activation of portals hindering students from appearing in examinations.
  • State Directorate visited petitioner institutions, reportedly on a Saturday, for verification despite no physical verification direction.
  • State of Bihar’s online portal for data upload was open until 30.10.2022.
  • Petitioner’s counsel asserts that ITIs have admitted students per eligibility criteria before the cut-off date.
  • Petitioner seeks permission to upload the student data post appropriate verification.
  • DGT opposes, stating repeated directions were given for data upload, and no further permissions should be granted now.
  • Similar case reference mentioned where the dispute is about allowing ITIs to upload student data at this time.
  • Learned counsel for the petitioner(s) has asserted that the students admitted by each ITI meet the basic eligibility criteria and were enrolled before the cut-off date.
  • Denying these students the opportunity to appear in their respective examinations solely on technical grounds is deemed unfair.

Analysis

  • State Directorate to verify date of admission and basic eligibility criteria for students admitted before cut-off date
  • Any grievances by students can be raised in accordance with the law
  • Appropriate directions to be issued for uploading relevant data on NIMI Portal if basic eligibility criteria is fulfilled and admission was before cut-off date
  • Dispute over number of students during inspection not to be entertained
  • Writ petitions disposed of as per directions in related cases
  • State Directorate and DGT to act within stipulated time periods and visit premises for verification of admitted students
  • State Directorate to verify data of each ITI to ensure students meet basic eligibility criteria for admission
  • Intimation to be given to petitioner-institutions regarding students not approved after verification
  • The NIMI portal is open for three days from today till 16 May 2024, and it may not be physically practicable for the State Directorate to conduct physical inspections of the petitioners’ premises before that date.
  • The State Directorate only needs to verify the number of students admitted based on the data provided by the institution for uploading on the NIMI Portal and forwarding to the NCVT-MIS Portal of the DGT.
  • The inspection of the petitioner-institution’s infrastructure and facilities can be done independently at any other time, not necessarily before uploading student data.
  • The power of inspection is separate from the verification process for student data.

Decision

  • Respondent-State Directorate to immediately activate NIMI Portal for data upload by petitioner-institutions.
  • Eligible students allowed to appear in examinations based on verification.
  • Exercise to be completed before 15.06.2023.
  • Respondent-DGT to activate NIMI portal for data upload by petitioner-institutions.
  • Admission data approval by State Directorate to enable migration to NCVT MIS Portal.
  • State Directorate to verify data of 64 students in electrician and fitter trades admitted by petitioner institution.
  • Data of eligible students to be forwarded to NCVT-MIS Portal.
  • User ID and password to be issued to petitioner by DGT after verifying data.
  • User ID and password to be provided by DGT before 31 May 2024.

Case Title: GREATER PRIVATE ITI Vs. DIRECTORATE GENERAL OF TRAINING & ANR. (2024:DHC:3981)

Case Number: W.P.(C)-4981/2024

Click here to read/download original judgement

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