In a significant legal ruling, the Delhi High Court has delivered a judgment concerning the activation of the NIMI Portal, with the State Directorate and the Petitioner-Association at the forefront of the case. Stay updated with the latest developments in this case involving key stakeholders. #DelhiHighCourt #LegalCase #NIMIPortal #StateDirectorate #PetitionerAssociation
Facts
- The petitioner-association filed a writ petition seeking mandamus to activate the NCVT and NIMI portals.
- The DGT provides ITIs user ID and password after verifying student data by State Directorate.
- State Directorate uploads student data on NIMI Portal for verification.
- ITIs are informed by State Directorate if any student does not meet eligibility criteria.
- Admissions for academic session 2023-2025 took place in August and September 2023.
- NIMI Portal was activated for 3 days starting May 14, 2024.
- Eligible students get Hall Tickets/Admit Cards after data upload on NCVT-MIS portal.
- Left out members filed a fresh petition after a previous matter was disposed of.
Arguments
- The petitioner, represented by Mr. Sharawat, requests directions to State Directorate for verifying student data and uploading it on NIMI portal.
- The petitioner further asks for transmitting eligible student data to NCVT-MIS Portal of DGT and receiving user ID/password for uploading individual student data.
- State Directorate visited petitioner’s institutions on a Saturday despite no physical verification directive.
- Online portal in Bihar was open till 30.10.2022 for data upload.
- Petitioner asserts that each ITI admitted students based on eligibility criteria before the cut-off date and requests data upload after verification.
- Respondent-DGT opposed requests citing missed data upload deadlines and no need to allow uploads now.
- Directions issued in previous case (WP (C) 3187/2023) are referenced for discussion on allowing data uploads by ITIs at this point in time.
- Learned counsel for the petitioner(s) asserted that all students admitted by each ITI meet the basic eligibility criteria and were admitted before the cut-off date.
- Denying these students the opportunity to appear in their examinations solely due to technical reasons is deemed unjust.
- It is crucial to afford these students the chance to sit for their respective examinations given that they fulfill the necessary criteria.
- The stance taken by learned counsel highlights the importance of fairness and not penalizing students for technical errors beyond their control.
Analysis
- The State Directorate will verify the date of admission and basic eligibility criteria for students admitted before the cut-off date.
- If any student has a grievance, they can raise it following the law.
- Appropriate directions will be issued for the petitioner-institutions to upload relevant data on the NIMI Portal if students fulfill eligibility criteria and were admitted before the cut-off date.
- Dispute over the number of students during inspection was not delved into.
- The judgments in WP (C) No.4978/2024, WP (C) No.4981/2024, and WP (C) No.5001/2024 serve as the basis for the decisions in these writ petitions.
- The State Directorate and DGT will adhere to the specified time periods for actions.
- The State Directorate can visit the petitioners’ premises during working hours on a working day to verify the number of students admitted for the academic session 2023-2025.
- The State Directorate will inform the petitioner-institutions about the number of students not approved after verification.
- Each ITI’s data will be assessed to ensure students meet the basic eligibility criteria.
- These writ petitions are disposed of with no costs imposed.
- The Court decided to allow the submission as the NIMI portal had a limited timeframe of three days for data submission
- The State Directorate had no objections to this course of action
- The State Directorate only needs to verify the number of students admitted based on data from the institution for data submission on the NIMI portal
- Physical inspection for infrastructure and facilities verification by the State Directorate can be done at a later time separate from data submission
Decision
- The respondents are directed to notify the activation of the NIMI Portal for petitioner-institutions to upload student data for verification.
- Eligible students can appear in the examinations after verification.
- The exercise should be completed before 15.06.2023.
- Respondent-DGT is instructed to activate the NIMI portal for data upload by petitioner-institutions.
- Approved admissions will be migrated from NIMI Portal to NCVT MIS Portal by respondent-State Directorate.
- The State Directorate of Bihar must verify data of 64 students in electrician and fitter trades admitted by the petitioner institution.
- Data of eligible students should be forwarded online to NCVT-MIS Portal of DGT by State Directorate.
- DGT to issue user ID and password to petitioner after reviewing the forwarded data.
- The user ID and password should be provided to the petitioner by 31 May 2024.
- The writ petitions are disposed of according to the stated terms.
Case Title: SHAMS PRIVATE ITI Vs. DIRECTORATE GENERAL OF TRAINING & ANR. (2024:DHC:3981)
Case Number: W.P.(C)-4978/2024
