The Delhi High Court has delivered a crucial judgement on the dispute concerning data upload by ITIs for student examinations. The case involves the State Directorate and a petitioner-association representing 64 students admitted for electrician and fitter trades in Bihar. Learn more about the court’s decision and its impact on the education sector.
Facts
- The petitioner-association has admitted 64 students for the electrician and fitter trades for the academic session 2023-25 in Bihar.
- The petitioner seeks a writ of mandamus to activate NCVT and NIMI portals for data uploading by 21 members of the petitioner.
- Upon verification by State Directorate, each ITI receives a user ID and password for NCVT MIS portal access.
- State Directorate uploads trainee data on NIMI Portal for verification against eligibility criteria and admission dates.
- If any trainee does not meet criteria, ITI is informed for necessary action.
- Admissions for the academic session 2023-25 took place during August and September 2023.
- NIMI Portal has been activated by the State Directorate for a limited period.
- Eligible student data is transmitted from NIMI Portal to DGT’s NCVT-MIS portal for examination purposes.
- Left out members of the petitioner-association were directed to file a fresh petition by the court.
Arguments
- The petitioner, through their counsel Mr. Sharawat, requests directions to be issued to the State Directorate to verify student data and upload it on the NIMI portal.
- Mr. Sharawat also requests the State Directorate to transmit data of eligible students to the NCVT-MIS Portal of the DGT for examination.
- The petitioner’s counsel raises concerns about students not being able to appear in exams due to portal issues.
- State Directorate confirms the online portal for data upload was open until 30.10.2022 in Bihar.
- The petitioner asserts that all ITIs have admitted students as per eligibility criteria before the cut-off date.
- The petitioner seeks permission to upload student data after verification.
- DGT opposes the request stating repeated directions were given to upload data.
- The petitioner’s counsel mentions that inspections took place on a non-functional day and seeks permission for data upload.
- Similar directions were issued in a previous case involving ITIs.
- The key dispute revolves around whether ITIs should be allowed to upload student data at this point.
- Learned counsel for the respondent has mentioned that the students admitted by each ITI meet the basic eligibility criteria and were admitted before the cut-off date.
- It is argued that due to technical issues, the students admitted by each ITI should not be deprived of the opportunity to sit for their respective examinations.
Analysis
- State Directorate will verify the date of admission and basic eligibility criteria before the cut-off date.
- Students can raise grievances in accordance with the law.
- If ITIs fulfill basic eligibility criteria and were admitted before the cut-off date, they can upload data on NIMI Portal.
- Dispute over the number of students during inspection not delved into.
- Directions issued in specific Writ Petitions also apply to these cases.
- State Directorate has liberty to visit petitioner premises during working hours to verify student admission data.
- No costs ordered, writ petitions disposed in aforementioned terms.
- State Directorate to inform petitioner-institutions about students not meeting approval criteria after verification.
- The NIMI portal is only open for three days from today until 16 May 2024.
- Physical inspection of the petitioners’ premises may not be feasible before this deadline.
- Verification of the number of admitted students is required for uploading data on the portals.
- Inspection of the institution’s infrastructure can be conducted at any other time, independent of the data upload process.
Decision
- Respondent-DGT to activate NIMI portal for data upload by petitioner-institutions.
- Eligible students allowed to appear in examinations after verification.
- Exercise to be completed before 15.06.2023.
- Approval by State Directorate enables migration of data to NCVT MIS Portal.
- State Directorate to verify data of students admitted by petitioner institutions.
- User ID and password to be issued by DGT after data verification.
- Deadline for providing user ID and password set for 31 May 2024.
Case Title: NBIT PRIVATE ITI Vs. DIRECTORATE GENERAL OF TRAINING & ANR. (2024:DHC:3981)
Case Number: W.P.(C)-5001/2024
