STATE OF H.P. Vs H.P.NIZI VYAVSAYIK PRISHIKSHAN KEND.SANG
Bench: P. SATHASIVAM,B.S. CHAUHAN, , ,
Case number: C.A. No.-003385-003385 / 2011
Diary number: 27388 / 2009
Advocates: HIMINDER LAL Vs
K. K. MOHAN
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3385 OF 2011 (Arising out of S.L.P. (Civil) No. 23998 of 2009)
State of H.P. & Ors. .... Appellant(s)
Versus
Himachal Pradesh Nizi Vyavsayik Prishikshan Kendra Sangh .... Respondent(s)
J U D G M E N T
P.Sathasivam,J.
1) Leave granted.
2) This appeal is directed against the final judgment and
order dated 12.08.2009 passed by the High Court of Himachal
Pradesh at Shimla in C.W.P. No. 2948 of 2008 wherein the
Division Bench of the High Court allowed the writ petition filed
by the respondent herein.
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3) Brief facts:
(a) In pursuance of the recommendation of the All India
Council for Technical Education (AICTE), the Government of
India appointed a Committee called the National Trade
Certification Investigation Committee in the year 1951 with
instructions to prepare a scheme for the establishment of an
All India Trades Board which would award certificates of
proficiency to craftsmen in various engineering and building
trades. The said Committee made certain recommendations
and while accepting the same, a central agency for
coordinating the training programmes and awarding
certificates of proficiency in craftsmanship on an all-India
basis was created. The Government of India decided to
transfer the administration of the training organization under
the Directorate General of Resettlement and Employment to
the control of the State Government concerned, retaining for
itself the function of coordinating craftsmen training and
laying down the training policy.
(b) Accordingly, in consultation with the State Governments
and other concerned parties, National Council for Vocational
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Training (NCVT) was set up in the year 1956 and was
entrusted with the functions relating to establishing and
awarding National Trade Certificates to craftsmen, prescribing
standards and curriculum for craftsmen training in the
technical and vocational trades throughout the country and
advising and assisting the Central Government on the overall
training policy and programmes. On similar lines, State
Council for Vocational Training (SCVT) was created to deal
with all the matters relating to Vocational Training at the level
of the State. The Government of Himachal Pradesh, in
consonance with National Policy of Education (NPE) 1986, as
revised from time to time, decided to adopt a policy for
producing manpower in the conventional as well as in
emerging areas of the Engineering and Technology and in
other professional disciplines. The Government, keeping in
view the financial constraints to meet the immense
requirement of investment in the field, also decided to
encourage private sector participation in the State for which
the Government was to extend all possible facilities and also to
provide for some concessions for arranging the necessary
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infrastructural facilities for the establishment of technical and
other professional institutions in the State. In order to fulfill
this objective, the State Government framed Technical
Education Policy and the Department of Technical Education
issued guidelines for Vocational Training Centres (VTCs) in
Himachal Pradesh.
(c) In the year 2004, the State Government through its
Department of Technical Education invited private
parties/institutions to open Vocational Training Centres
(VTCs) within the State of Himachal Pradesh. These Centres
were permitted to admit students for the permitted courses on
such terms and conditions as provided under the said
guidelines. In pursuance of the said invitation, the members
of the respondent-Association applied for opening VTCs at
different places within the State of Himachal Pradesh. The
Letters of Intent were issued to the members of the
respondent-Association permitting them to run various
courses including Art and Craft, Hotel Management, Ayurveda
Pharmacist, Physical Training Instructor, Library Science etc.
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(d) A decision was taken in the meeting of SCVT held on
27.04.2006 to wind up certain courses for which there was
little scope of employment or self employment and in its place
new courses as per demand of the market/industry be started.
Thereafter, in the meeting held on 21.08.2007, while
confirming the proceedings of earlier meeting dated
27.04.2006, the State Council granted approval to the opening
of 161 new VTCs and for renewal of 112 already existing VTCs.
(e) Despite the endeavour of the State Government to
promote and encourage the participation of the private sector,
it had not accorded permission to the institutions to run the
vocational courses for the academic Session 2007-08. The
members of the respondent’s Association made
representations to the State Government with regard to the
same. Thereafter, in the meeting held on 23.10.2008, after
detailed deliberation on various issues, it was decided that all
the issues raised in the meeting including cancellation of
affiliation, permission for fresh admissions and starting of
fresh courses in different VTCs would be examined by a Sub-
Committee to be constituted and headed by the Chief
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Secretary. Accordingly, the Sub-Committee was constituted
on 25.10.2008. On 22.11.2008, the Sub-Committee, so
constituted, submitted its report to the Government and the
matter was taken up in the Cabinet meeting held on
25.11.2008. The effect of the decision of the Cabinet was that
for the academic session 2007-08 there would be no
admission for the courses which are being taught by the
respondent herein and subsequent to the Cabinet decision,
Government Order dated 19.12.2008 was issued. In
compliance with the Cabinet decision dated 25.11.2008 and
the Government Order dated 19.12.2008, eight Inspection
Committees were constituted by the Director, Technical
Education for the inspection of Vocational Training Centres
(VTCs) and recommendations of these Committees were sent
to the Government and placed before the State Cabinet in its
meeting dated 18.07.2009.
(f) Challenging the decision of the Cabinet dated
25.11.2008, the respondent herein filed writ petition being
CWP No. 2948 of 2008 before the High Court of Himachal
Pradesh. On 12.08.2009, the High Court, by the impugned
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order, allowed the writ petition and quashed subsequent
cabinet decision dated 18.07.2009 discontinuing the three
courses, namely, Sl. No. 1 (Art and Craft), Sl. No. 4 (Library
Science) and Sl. No. 7 (PTI). In addition, the Court also issued
various directions and awarded cost of Rs. 25,000/-.
Aggrieved by the said decision, the appellants have preferred
this appeal before this Court by way of special leave petition.
4) Heard Mr. Altaf Ahmed, learned senior counsel for the
appellant-State and Mr. Anoop Chaudhary, learned senior
counsel for the respondent.
5) Mr. Altaf Ahmed, learned senior counsel appearing for
the State, after taking us through the relief prayed for in the
writ petition and the stand of the State submitted that after
hearing arguments and reserving the judgment on
03.07.2009, the Division Bench of the High Court committed
an error in considering the Cabinet decision dated 18.07.2009
which is a subsequent event and quashing the same when the
writ petitioner has not pleaded or amended the original prayer
in the writ petition. He also pointed out that without
appreciating the stand of the State in modifying the “policy”,
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the High Court not only quashed the Cabinet decision but also
issued various directions which are all unacceptable. On the
other hand, Mr. Anoop Chaudhary, learned senior counsel for
the respondent submitted that on the principle of ‘legitimate
expectation’, the State is not justified in altering the policy to
promote private institutions for vocational training on various
subjects.
6) Admittedly, the respondent herein which is an
unregistered association of Vocational Training Centres (VTCs)
filed writ petition before the High Court of Himachal Pradesh
at Shimla through its President seeking certain reliefs.
According to the respondent-Association, their members are
imparting training in different Vocational Training Centres and
are also recognized by the Himachal Pradesh SCVT. In order
to appreciate the rival contentions, it is useful to refer the
relief prayed for in the writ petition which reads as under:-
“It is, therefore, humbly prayed that this writ petition may be allowed, - (i) the respondents may be directed by issuing writ of
mandamus to hold admission test for admitting students in SCVT Courses for the session 2007-08 and consequently sponsor the candidates to the Vocational Training Centres (VTCs) approved by the respondents for SCVT Courses;
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(ii) that in case it is felt by the respondents that there are certain other formalities which are required to be completed or there are shortcomings required to be removed by a particular Vocational Training Centre (VTC), the respondents may take corrective measures themselves and the concerned VTC may be allowed to remove the shortcoming within reasonable time and the course may continue uninterruptedly;
(iii) that the respondents may be directed to commence admissions process forthwith for all the permitted courses for which the Vocational Training Centres (VTCs) were affiliated/approved in the past and the students may be allocated to the concerned PTC at the earliest;
(iv) that in case the central counseling has become difficult for the respondents, the concerned Vocational Training Centre (VTC) may be permitted to admit students of its own by giving due regard to the minimum standards as fixed by the respondents for a particular course;
(v) Any other relief deemed fit in the facts and circumstances of the case may also be granted, in the interest of justice. Costs may also be awarded.”
7) A perusal of all the prayers clearly shows that the
respondent-association had not sought for quashing of any
policy or scheme or decision or order of the State Government
but only prayed for certain directions for admission of
students in SCVT courses for the session 2007-08. The State
has filed reply conveying its stand. It was highlighted that the
institution established must fulfill the requirements of the
norms and guidelines of various apex bodies like AICTE,
Pharmacy Council of India, NCVT and SCVT. It was also
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averred in the reply that the whole issue of admission to VTCs
was taken up in the Cabinet meeting dated 25.11.2008 and,
consequently, a G.O. was issued on 19.12.2008. It is seen
from the impugned order of the High Court that while hearing
the matter, the Division Bench, on 28.05.2009, directed
learned Addl. Advocate General to seek instructions from the
State as to what was the stand of the Government with regard
to holding of examination for these institutions. A
supplementary affidavit was filed by the State Government on
02.07.2009. The Court also recorded the stand of the
Government that for the year 2008-09, institutions were
permitted to run the courses except Art and Craft, Library
Science and Physical Training Instructor (PTI). Ultimately, the
High Court has concluded that the State, by permitting the
members of the petitioner’s association to open the institution
in the State of Himachal Pradesh after investing huge amount
of money have generated legitimate expectation in them that in
future also they shall be permitted to run the courses, which
were permitted at the time of setting up of the institutions and
further that the members of the petitioner’s association cannot
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be permitted to be left in a lurch by the arbitrary action of the
State Government by denying them running of these courses.
The Court has also observed that there is no explanation why
the State Government has not permitted the running of these
courses. After arriving at such conclusion in the last
paragraph, the High Court allowed the petition and quashed
the decision taken by the Cabinet on 18.07.2009. It is
relevant to point out that after hearing the matter at length,
the Division Bench reserved it for judgment on 03.07.2009.
Before the pronouncement of the judgment, that is, on
12.08.2009, the Cabinet of the State Government after taking
note of various aspects took a decision on 18.07.2009
discontinuing three courses under SCVT, namely, i) Art and
Craft, ii) Library Science and iii) PTI. The High Court, after
getting the said decision through the Addl. Advocate General,
without reopening the case and hearing both sides about the
matter as to the subsequent development, i.e., the decision of
the Cabinet on 18.07.2009, simply quashed and set aside the
same by issuing various directions.
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8) We have already adverted to the relief prayed for by the
respondent-association in the said writ petition. Admittedly,
there is no prayer for quashing of even earlier Cabinet decision
or order of the government. The conclusion of the High Court
quashing the Cabinet decision dated 18.07.2009 and as a
consequence issuing several directions is unacceptable and
contrary to the well established principles. First of all, there
was no prayer for quashing of any decision of the State
Government much less the subsequent Cabinet decision dated
18.07.2009. If the High Court was interested in going into the
said decision that too after reserving the judgment on
03.07.2009, it is but appropriate to reopen the case, permit
the petitioner’s association to amend the relief portion, afford
adequate opportunity to the State to put-forth their stand for
modifying this “policy” curtailing certain courses under SCVT.
Admittedly, the High Court has not resorted to such recourse
and simply quashed the decision of the Cabinet dated
18.07.2009 and issued various directions which are
impermissible.
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9) As rightly pointed out by Mr. Altaf Ahmed, without any
arguments having been heard, without there being any
question raised by any party as to the validity of the Cabinet
decision dated 18.07.2009 and without the same being in
question, or any relief sought for in the writ petition, the High
Court has gone into the said decision of the Cabinet having
taken place after the judgment was reserved. The decision of
the Cabinet generally ought not to be interfered with in
judicial review so lightly as has been done in the present case.
The quashing of the Cabinet decision without analyzing the
pros and cons in the manner seeks to restrict the State’s
constitutional authority and powers to frame policy especially
in such vital areas like imparting technical education is not
acceptable. The following is the outcome of the Cabinet
decision dated 18.07.2009:
“Dated: 18.07.2009
ITEM NO.37
Government of Himachal Pradesh Department of General Administration
(Confidential & Cabinet)
Subject:- Regarding State Council for vocational Training
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In the meeting of Cabinet held on 18.07.2009, the above proposal has been discussed and the following decision has been taken:
“Points for consideration 1, 2 and 4 has been approved with following amendments:-
(i) All courses shown in Annexure-“Gha” except S.No.1,4 and 7 are approved.
(ii) One institution must not be allowed to start more than 4 courses.
The implementation report may sent to this Department within 15 days.
Sd/- Special Secretary (GAD) to the
Government of Himachal Pradesh
Additional Chief Secretary (Technical Education)”
10) It is seen that the Cabinet considered the proposal of the
State Council for Vocational Training and after deliberation,
the decision has been taken to continue various courses under
SCVT except for the courses at Sl. No. 1 (Art and Craft), Sl. No.
4 (Library Science) and Sl. No. 7 (PTI). Though in the
supplementary affidavit, the State has not highlighted the
reason for discontinuing the three courses in the State of
Himachal Pradesh, the High Court presumed that the State is
precluded from taking fresh/revised policy in the matter of
imparting technical education. In fact, in the said decision,
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the State has not barred all the institutions from continuing
the courses already notified under SCVT. The Cabinet decided
to discontinue only three courses. Inasmuch as the said
Cabinet decision dated 18.07.2009 not being the subject-
matter or issue of the writ petition, the State was not in a
position to highlight all the details before the Court.
Accordingly, we are satisfied that the High Court was not
justified in interfering with the Cabinet decision dated
18.07.2009 which was not the issue or challenge in the writ
petition. We are also unable to accept the conclusion of the
High Court that the petitioner’s association (respondent
herein) is entitled to run all the courses under the principle of
‘legitimate expectation’.
11) The High Court has lost sight of the fact that education is
a dynamic system and courses/subjects have to keep
changing with regard to market demand, employability
potential, availability of infrastructure, etc. No institute can
have a legitimate right or expectation to run a particular
course forever and it is the pervasive power and authority
vested in the Government to frame policy and guidelines for
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progressive and legitimate growth of the society and create
balances in the arena inclusive of imparting technical
education from time to time. Inasmuch as the institutions
found fit were allowed to run other courses except the three
mentioned above, the doctrine of legitimate expectation was
not disregarded by the State. Inasmuch as ultimately it is the
responsibility of the State to provide good education, training
and employment, it is best suited to frame a policy or either
modify/alter a decision depending on the circumstance based
on relevant and acceptable materials. The Courts do not
substitute its views in the decision of the State Government
with regard to policy matters. In fact, the Court must refuse
to sit as appellate authority or super legislature to weigh the
wisdom of legislation or policy decision of the Government
unless it runs counter to the mandate of the Constitution.
12) With regard to the importance of human resources,
especially manpower requirement in various professional and
technical fields, the Government is free to frame its policy,
alter or modify the same as to the needs of the society. In
such matters, the Courts cannot interfere lightly as if the
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Government is unaware of the situation. Apart from these
aspects, procedurally also the High Court has committed an
error in quashing the Cabinet decision dated 18.07.2009
which was not challenged in the writ petition by raising valid
grounds. Further, both parties were not afforded opportunity
to put-forth their stand as to the subsequent development,
namely, Cabinet decision dated 18.07.2009. For all these
reasons, the impugned order of the High Court is to be
interfered with. However, we permit the respondent’s
association or its members to challenge the said
decision/order of the Government by way of fresh proceeding,
if they so desire.
13) Under these circumstances, the impugned order of the
High Court quashing the Cabinet decision dated 18.07.2009
and issuing various directions including awarding cost of
Rs.25,000/- in favour of the respondent-association are set
aside. As observed earlier, the respondent’s association or its
members are free to challenge the order of the Government in
the High Court by way of an appropriate writ by projecting
valid grounds, if any. In such event, the State Government is
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equally entitled to highlight its policy, need for the change,
and demand of the society insofar as courses prescribed under
SCVTs.
14) With the above observations, the civil appeal is allowed
with no order as to costs.
.…....…………………… ……………J.
(P. SATHASIVAM)
.…....…………………………………J. (DR. B.S. CHAUHAN)
NEW DELHI; APRIL 20, 2011.
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