In a significant legal battle between the State Directorate and the ITI Association, the Delhi High Court has issued a crucial judgment regarding portal activation for student data upload. The case revolves around ensuring students’ access to examinations and upholding their rights. Find out more about this landmark decision by reading on.
Facts
- The petitioner-association filed a writ petition seeking mandamus directing the concerned authorities to activate NCVT-MIS and NIMI portals.
- The DGT provides user ID and password to the ITI after verification by the State Directorate.
- State Directorate verifies data of admitted trainees to ensure compliance with eligibility criteria and cut-off dates.
- ITIs are informed by State Directorate for any discrepancies, giving students a chance to rectify.
- Admissions for academic session 2023-2025 were conducted in August and September 2023, with two years in one session.
- NIMI Portal activated by the State Directorate for 3 days ending on May 16, 2024.
- Data of eligible students transmitted from NIMI Portal to NCVT-MIS portal for examinations.
- Left out members of the petitioner-association filed a fresh petition after initially disposing of the matter.
Arguments
- The petitioner’s counsel requests directions for the State Directorate to verify student data and upload it on portals.
- The petitioner’s counsel highlights issues faced by students in appearing for examinations due to portal non-activation.
- The State Directorate confirms online portal availability till 30.10.2022 for data uploading.
- The petitioner’s counsel asserts that ITIs have admitted students as per eligibility criteria before the cut-off date.
- The petitioner’s counsel asks for data upload allowance post verification.
- Opposition from the Directorate General of Training due to missed data upload deadlines and lack of current direction issuance.
- Discussion on State Directorate’s physical inspection and limitations due to timing and functionality.
- Similar directions issued in a previous case involving multiple ITIs represented by the petitioner.
- The main issue for adjudication is whether ITIs should be allowed to upload student data at the current juncture.
- Learned counsel for the petitioner(s) emphasized that the students admitted by each ITI meet the basic eligibility criteria and were admitted before the cut-off date.
- The students should not be denied the opportunity to appear in their respective examinations solely due to technical reasons.
- Admission of students in each ITI was carried out ensuring they fulfill the requirements, thus they deserve the chance to take the exams.
Analysis
- State Directorate to verify date of admission and basic eligibility criteria for students admitted before cut-off date
- Students entitled to raise grievances in accordance with the law
- Appropriate directions to be issued for petitioner-institutions to upload relevant data on NIMI Portal if basic eligibility criteria are fulfilled and admission was before cut-off date
- Dispute regarding number of students available at inspection not to be entertained
- Instructions to act as per time periods specified with liberty for further verification
- No costs imposed on petitioners
- State Directorate to verify data of each ITI regarding student eligibility criteria and inform petitioner-institutions of any non-approved students
- The Court decides to allow the petitioners’ request due to the time constraints of the NIMI portal being open for only three days.
- The State Directorate has agreed with the course of action proposed by the petitioners.
- The verification process by the State Directorate for student data upload on the portals is based on information provided by the institution and does not require physical inspection beforehand.
- The inspection power of the petitioner-institution for infrastructure assessment is separate and can be carried out at a different time, not necessarily before data uploading.
Decision
- Respondent-State Directorate to notify activation of NIMI Portal for data upload by petitioner-institutions
- Eligible students to be allowed to appear in examinations after verification
- Deadline for completion of the exercise is set for 15.06.2023
- Respondent-DGT to activate NIMI portal for data upload and migration to NCVT MIS Portal
- State Directorate to verify data of 64 students in electrician and fitter trades by petitioner institution
- Forward data of eligible students to NCVT-MIS Portal
- DGT to issue user ID and password to petitioner after perusing the forwarded data
- User ID and password to be provided to petitioner by 31 May 2024
Case Title: NEW SHERSHAH ITC Vs. DIRECTORATE GENERAL OF TRAINING & ANR. (2024:DHC:3981)
Case Number: W.P.(C)-6449/2024
