Trilochan Mahto vs. Science

IN THE HIGH COURT OF JHARKHAND, RANCHI

W.P. (PIL) No. 1248 of 2015

Trilochan Mahto, son of Indershay Mahto, resident of village: Maya Ram Jaridih, PO: Dowari, PS Silli, District: Ranchi.

..Petitioner

Versus

1. The State of Jharkhand;

---

2. The Principal Secretary, Department of Science & Technology, Govt. of Jhakhand, Ranchi;

3. The Director, Directorate of Employment & Training, Govt. of Jharkhand, Ranchi.

..Respondents

CORAM :- HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE RATNAKER BHENGRA

	---
For the Petitioner	: Mr. B.S. Lal, Sr. Advocate;
	Mr. Vikash Kishore, Advocate.
For the Respondents	: Mr. Ajit Kumar, AAG.

10 / Dated 30.01.2017: (Oral Order) Per D.N.Patel, J.

--

1. This Public Interest Litigation has been preferred with the following prayers:

(I) For issuance of appropriate writ/writs, order/orders, direction/directions, for kind indulgence of this Hon'ble Court directing the respondents to uplift the Industrial Training Institutes (In short " I.T.Is") of the State, which is in a very miserable/ unsound condition;

(II) For issuance of appropriate writ/writs, order/orders, direction/directions, directing the respondents to provide better infrastructure to the I.T.Is of the Jharkhand, which includs quality education/training by the Instructors, well equipped laboratories with machines as well as the good classrooms;

(III) For issuance of appropriate writ/writs, order/orders, direction/directions, particularly a writ in the nature of Mandamus, commanding & directing upon the respondents for filling up the vacancies in the vacant & sanctioned post of the Instructors/Teachers in the I.T.Is of the State, by appointing the I.T.I. Trained Instructors/Teachers in different trade/courses/subjects.

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that mainly for upliftment of the Industrial Training Institutes, this writ petition has been preferred, mainly for the fact that there are number of vacancies against the sanctioned post of the Instructors/ Teachers in the Industrial Training Institutes and there is no infrastructure in the Industrial Training Institutes.

3. It appears that there are twenty-four Industrial Training Institutes of

the State Government, whereas, 183 are non-governmental institutions. It ought to be kept in mind there is bound to be a difference in the infrastructure in the government institutions and the private institutions. Every thing in the Government institutions cannot be glittering, as is available in the private institutions.

4. However, if there are few vacancies in the Industrial Training Institutes, the government will try to fill up the same, at the earliest. Similarly, necessary infrastructure will also be supplied to the Industrial Training Institutes under management and control of the State Government.

5. Counsel for the petitioner has pointed out that several vacancies in the Industrial Training Institutes are to be filled up. Vacancies depend upon several factors, more particularly, when the private institutions are running nicely, whereas, government institutions are extremely slow in running their own institutions.Against twenty-four governmental institutions, there are 183 nongovernmental institutions. If private institutions are working nicely, the government can slowly shut down the Industrial Training Institutes. It ought to be kept in mind that every kind of institute cannot be run by the government. Burden of the government has to be shifted to the private Institution slowly. If the private institutions are working accurately and nicely and they are catering the need of the society at large, the State Government can concentrate on other fields, so that in other fields development can be carried out. For other fields also, after a few years, if private institutions are working nicely, those second type of institutions can slowly be shut down by the government.

6. Thus if the citizens are nicely and ably running their own institutions independently, at their own, it is for the government to switch over towards other institutions.

7. With these observations, this Public Interest Litigation is hereby disposed of.

(D.N. Patel, J)

(Ratnaker Bhengra,J)

SD/SB