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IN THE HIGH COURT OF JUDICATURE AT PATNA

( Constitutional Jurisdictions )
(Under Article 226/227 of the Constitution of India)

CIVIL WRIT PETITION NO: ..………….. OF 2020

IN THE MATTER OF

1. Ravi Kumar(Legal) ………………….Petitioner No-1

Under the
Ministry of Labour & Employment
Government of India
&
2. Chief Labour Commissioner(C) Patna …………………..Petitioner No-2
Mouryalok Complex, 2nd Floor,
BlockaPatna Patna, Bihar - 800001
&
3. The Central Industrial Relations Machinery …………………….Petitioner No-3
4th Floor, Jeevan Deep Building,
Parliament Street, Delhi - 110001

Versus
1. National Skill Development Corporation ……………………. Respondent No 1
Through Chief Executive Officer
Manish Kumar

&
2. The First Appellate Authority, …………………….Respondent No 2
Mr. Gaurav Kapoor
National Skill Development Corporation
Head Office New Delhi

&
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3. Central Public Information Officer ……………………….Respondent No-3

Mr. Ravi Verma
National Skill Development Corporation
Head Office New Delhi

&
4. IT & ITeS Sector Skill Council ………………………Respondent No 4
Through
Mr Girish Kulkarni
NASSCOM Plot 7 to 10,
Sector 126, Noida – 201303

&
5. BFSI Sector Skill Council ……………………….Respondent No 5
Mr Vinay Patil
Towers Dalal Street,
Fort Mumbai MH 400001 IN

&
6. State Apprenticeship Advisor ………………………...Respondent No-6
Through The Director
In Labour Resource Dept
Govt of Bihar
Niyojan Bhawan, Belly road
Patna (Bihar) – 800001

&
7. Bihar Skill Development Mission, …………………………….Respondent No-7
Through Mission Director
5th floor, 'A' Wing,
Niyojan Bhawan, Near
Income Tax office, Patna – 800 001

&
8. Department of Labour Resource ……………………………..Respondent No-8
Government of Bihar
Through Principal Secretary/
Chief Principal Secretary
Niyojan Bhawan, Belly road
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Patna (Bihar)– 800 001

&
9. Regional Directorate of Apprenticeship Training, …………………… Respondent No 09
Director General of Training
Ministry of Skill Development of Training
CGO Complex,E-Wing, 1st Floor, DF Block,
Sector-I, Salt Lake, Kolkata PIN-700064

&
10. Regional Directorate of Skill Development ………………………….Respondent No-10
And Entrepreneurship (RDSDE PATNA)
3rd floor,WITI Campus
Digaghat Patna-11

&
11. Directorate General of Training ….…………………….Respondent No-11
2nd Floor, Employment Exchange Building,
Pusa, New Delhi - 110001

&
12. Union Of India ...…………………….Respondent No-12
Through the
Ministry of Skill Development & Entrepreneurship
Government Of India

PETITION UNDER ARTICLE 226/ 227 OF THE CONSTITUTION OF INDIA ADDRESSED

TO HIGH COURT OF JUDICATURE AT PATNA PRAYING FOR THE ISSUANCE OF WRIT
OF MANDAMUS DIRECTING TO RESPONDENTS Nos- 1 To 11 TO REIMBURSEMENT OF
THE PETITIONER’S BTP NAPS CLAIM.

To,

Hon’ble The Chief Justice and

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His Lordship’s Companion Justices of

The High Court of Judicature at Patna.

The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHEWETH :

1. The Present Petition is being filled Under Article 226/ 227 of the Constitution of

India by the Petitioner No-1 in support of the Petitioner No-2 and the Petitioner No-

3 and addressed to High Court of Judicature at Patna Praying for issuance of a Writ

of Mandamus, directing to Respondents Nos. 1 to 11 to reimburse the BTP

Apprenticeship claim ( Rs. 7500 per apprentice) to the Petitioner No-1 within a

specified time period against all of those Contract has been verified and

authenticated by the Respondent No-6 & 8.

CAUSE TITLE

a) The Petitioner No-1 have named- Ravi Kumar, Age- 26 yrs old, S/o- Ashutosh

Kumar Singh, Vill- Gachia, Post- Dhoraiya, Dist- Banka, Bihar- 813224 Is a Legal

Component under the Ministry of Labour & Employment and a part of Central

Industrial Relations Machinery representing Govt/ Non- Govt Establishments/

Industries lies under the Central Sphere. The Postal Address of the Petitioner

No-1 (Ravi Kumar) is- Common Facilitation Center, Dhoraiya, Banka, Bihar
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813205. The Email Address is- [email protected] And Mobile No- +91

7261061809.

b) The Petitioner No-2 with name Chief Labour Commissioner(C) Patna is a Labour

Enforcement Agencies responsible for the Enforcement of Labour Laws and

Rules made there-under in the Central Sphere or under the Organization of the

Chief Labour Commissioner Central. The registered Address of the Petitioner No-

2 is- O/o Chief Labour Commissioner(C) Patna, Mouryalok Complex, 2nd Floor,

Block a Patna Patna, Bihar – 800001. The Email Address is-

[email protected] And the Mobile No is- +91 9955999797.

c) The Petitioner No-3 with Name Central Industrial Relations Machinery is an

apex organization in the country responsible for Enforcement of Labour Laws

and Rules made there under in Central Sphere & Quasi-Judicial functions.

The Registered Address of Petition No-3 is- The Organization of the Chief

Labour Commissioner Central, 4th Floor, Jeevan Deep Building, Parliament

Street, Delhi – 110001. The Email Address is- [email protected] And the Contact

No- 011- 23710447.

d) The Respondent No- 1 with name The National Skill Development Corporation

India (NSDC) is a PPP Model Company responsible for the Implementation of

specified Skill Development Programs and granting administrative/ managing

support under control of the Directorate General of Training . The registered

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Official Address of Respondent No-1 is- NSDC D-4 CLARION COLLECTION,

SHAHAD JEET SINGH MARG,, , South West Delhi-110016, Delhi, India. The Email

Address is- [email protected] And the Contact Number is- 9999204584.

e) The Respondent No-2 is the First Appellate Authority headed by a Senior NSDC

Officer have named- Mr. Gaurav Kumar under the NSDC Public Authority.

The registered Official Address of Respondent No-2 is- NSDC Head Office New

Delhi, Delhi- 110016. The Email Address is- [email protected] And

the Contact No is- 011 47451600.

f) The Respondent No-3 is the Public Information Officer in the NSDC Public

Authority. The registered Official Address of Respondent No-2 is- NSDC Head

Office New Delhi, Delhi- 110016. The Email Address is-

[email protected] And the Contact No is- 011 47451600.

g) The Respondent No-4 is IT & ITeS Sector Skill Council would be represented by

its Concerned Officer have named- Mr Girish Kulkarni. The registered Official

Address of Respondent No-5 is- NASSCOM Plot 7 to 10, Sector 126, Noida –

201303. The Email Address is- [email protected] And the Contact No is- +91-

120-4990111.

h) The Respondent No- 5 is BFSI Sector Skill Council would be reported by its

concerned Officer have named- Mr. Vinay Patil. The registered Address is-
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Towers Dalal Street, Fort Mumbai MH 400001 IN. The Email Address is-

[email protected] And the Contact No is- 91 8291278155.

i) The Respondent No-6 is the State Apprenticeship Advisor or Directorate of

Employment constituted under the Department of Labour Resource Government

of Bihar. The Registered Address is- The Director, Labour Resource Dept Govt of

Bihar, Niyojan Bhawan, Belly road, Patna (Bihar) – 800001. The Email Address

is- [email protected] And the Contact No- 0612- 2535142.

j) The Respondent No- 7 is the Bihar Skill Development Mission a Society/ Firm/

Association registered under the Department Of Labour Resource Govt of Bihar

would be reported by the Mission Director. The Official Address of the

Respondent no-7 is- Bihar Skill Development Mission, 5th floor, 'A' Wing,

Niyojan Bhawan, Near Income Tax office, Patna – 800 001. The Email Address

is- [email protected] And the Contact Number is- 0612- 2528455.

k) The Respondent No- 8 is the Department of Labour Resource Government of

Bihar responsible for the Implementation of State Labour Laws and Employment

Laws headed by the Additional Chief Secretary in Government of Bihar. The

Official Address is- Bihar Labour Resource Dept, Niyojan Bhawan, Bailey Road,

Patna - 800 001. The Email Address is- [email protected] And Contact Number

is- 9473191436.
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l) The Respondent No-9 is the Regional Directorate of Apprenticeship Training,

through the Deputy Central Apprenticeship Advisor/ Apprenticeship Advisor.

The Registered Address is- CGO Complex,E-Wing, 1st Floor, DF Block, Sector-I,

Salt Lake, Kolkata PIN-700064 The Email Address is-

[email protected] And the Contact No- 033- 2358 5142 .

m) The Respondent No-10 is the Regional Directorate of Skill Development and

Entrepreneurship would be reported by- Mr. Virendera Kr Sukhla.

The Registered Address is- RDSDE,Patna 3rd floor,WITI Campus, Digaghat

Patna-11 The Email Address is- [email protected] And the Contact No-

9540254007.

n) The Respondent No-11 is the Directorate General of Training is an apex body

under the Ministry of Skill Development & Entrepreneurship Govt of India &

would be reported by the Proposed Scheme Director. The Registered Address is-

2nd Floor, Employment Exchange Building, Pusa, New Delhi – 110001. The Email

Address is- [email protected] And the Contact No is- 011-23705877

o) The Respondent No-12 is the Union of India through the Ministry of Skill

Development & Entrepreneurship Govt of India & would be reported by the

Deputy Director General (DGE), MoLE is an Ex Officio Member of National Skill

Development Agency.
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The Registered Address is- Ministry of Skill Development & Entrepreneurship

Govt. of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001. The Email

Address is- [email protected] And the Contact No is- 11 25788001-11

FACT OF CASES

2. The Present Petition is being filled against the uncommunicated and illegal

prohibition imposed by the Respondent No.4 & 5 in not allowing Reimbursement of

BTP Apprenticeship Claim to Petitioner No-1 since last 2 years even after they don’t

have legal authorization to suspend a BTP Claim against any ATS qualified

Apprenticeship candidates had already been authenticated by the respective

RDAT/SAA.

3. The Petitioner No-1 is a Legal Component under the Ministry of Labour &

Employment Government of India and serving under Petitioner No-3 is the Central

Industrial Relations Machinery by representing and managing various

Establishment lies under the Central Sphere. And invoking a Legal Status from the

Chief Labour Commissioner(Central) Patna, is a Labour Enforcement Agency and

has denoted as the Petitioner No-2 in above writ petition.

(True Copy of Legal Authorization of Petitioner No-1 under such enforcement agencies

is attached herewith & marked as Annexure- P1 on Page No-

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4. Currently the Petitioner is an Authorized Representative & Principal Employer &

the Subsidiary of the Following Establishment Listed below:

i. CSC eGovernance Services India Pvt Ltd

ii. Reserve Bank Of India Information Technology Pvt Ltd

iii. National Skill Development Corporation

(True Copy of Labour Certificate of above listed Organization/ Company

representing to Petitioner1 in a specified role has annexed with Annexure- P1 on

page no-

5. The Petitioner No-1 is a resident of village- Gachia near Dhoraiya of Banka District

in State of Bihar. The District of Banka has been categorized as the “DISTRICTS

AFFECTED BY LWE LEFT WING EXTREMISM(LWE)” by the Government of India

through Ministry of Skill Development & Entrepreneurship having Notification No.

MSDE-35/05/2012-PCT/LWE-Vol. (1) dated- June 2016. to increase the

infrastructure for skill training in the Left Wing Extremism affected areas.

(Copy of above mentioned got’s notification deem to be a true copy of it’s original ones

has been collected from the concerned department’s official web portal & has annexed

with Annexure- P2 on page nos.

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6. The Petitioner No-1 is in the profession of Employment Generation & Placements

throughout the National Apprenticeship Program among all those Industries/

Establishments/ Company represented/ managed by the Petitioner Under the

Ministry of Labour & Employment Government of India. Currently the Petitioner is

representing/ managing 24 Establishments including The Governments & The

Publics & The Private Sectors

(Copy of a list of all such Establishment represented by the Petitioner under concerned

labour enforcement agencies is annexed with the Annexure- P2 on Page No.

7. The Respondent No-1 having name of National Skill Development Corporation India

(NSDC) is a PPP Model Company responsible for the Implementation of specified

Skill Development/ National Apprenticeship Programs and granting administrative/

managing support under control of the Respondent No-9 have named- Directorate

General of Training.

8. The Respondent No-2 and the respondent no-3 is the First Appellate Authority & the

Central Public Information Officer in respondent no-1 (NSDC) Respectively.

9. The Respondent No- 4 & 5 containing an authority of the IT & ITeS Sector Skill

Council and the BFSI Sector Skill Council is constituted as an autonomous industry-

led bodies by NSDC. And maintaing Role of Assistant/ Deputy Apprenticeship

 P a g e | 12

Advisor under the National Apprenticeship Promotion Schemes regulated by the

Directorate General of Employment & Training.

10. The Respondent No-6 is the State Apprenticeship Advisers/ Directorate of

Employment Constituted under the Department of Labour Resource Govt of Bihar

are responsible for implementation of the Act in respect of Trade Apprentices (ATS)

in State Government Undertakings/ Departments and Private Establishments.

11. The Respondent No-7 is the Regional Directorates of Apprenticeship Training

(RDATs) are responsible for monitoring the implementation of the Act for trade

apprentices in Central Government Undertakings/Departments.

12. The Respondent No-8 is the Regional Directorate of Skill Development and

Entrepreneurship (RDSDE) is constituted under The Ministry of Skill Development

and Entrepreneurship Govt of India responsible To regulate the programme of

training of apprentices in the industry so as to conform to the prescribed syllabi,

period of training ect. as laid down by the Central Apprenticeship Council; and to

utilise the facilities available in industry for imparting practical training with a view

to meeting the requirements of skilled manpower for industry.

13. The Respondent No-9 is the Directorate General of Training is an apex body under

the Ministry of Skill Development & Entrepreneurship Govt of India & is the

regulatory authority for Apprenticeship Training Schemes.

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14. The Petitioner No-1 is providing “On the Job Apprenticeship Training” (ATS)

through the below listed Establishments/ Employers have registered with the

NCVT-MIS System Registration. The Registration Number of all those

Establishments/ Industries supervised by Petitioner for Apprenticeship Training

and Placements are listed below.

NCVT MIS SYSTEMS

NCVT MIS Number

S. No Establishment’s Name

1. E07171000035 Ravi Kumar (Banka)

2. E09171000039 Ravi Kumar (Bhagalpur)

3. E05190700040 CSC eGovernance Services India Ltd

4. E12192701251 RBI Information Technology Private Ltd

5. E10161000056 AMAL ENGINEERING WORK

15. NCVT - MIS Apprenticeship Portal Address of above listed Establishment is given
below-

I. RAVI KUMAR (E07171000035)

https://apprenticeship.gov.in/Pages/Apprenticeship/ViewEstablishment.a
spx?RegNo=E07171000035

II. RAVI KUMAR (E09171000039)

https://apprenticeship.gov.in/Pages/Apprenticeship/ViewEstablishment.a
spx?RegNo=E09171000039
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III. CSC eGovernance Services India Ltd (E05190700040)

https://apprenticeship.gov.in/Pages/Apprenticeship/ViewEstablishment.a
spx?RegNo=E05190700040

IV. RBI Information Technology Private Ltd (E12192701251)

https://apprenticeship.gov.in/Pages/Apprenticeship/ViewEstablishment.a
spx?RegNo=E12192701251

V. AMAL ENGINEERING WORK (E10161000056)

https://apprenticeship.gov.in/Pages/Apprenticeship/ViewEstabl
ishment.aspx?RegNo=E10161000056

16. The Petitioner is Providing Apprenticeship Services (ATS) under Designated Trade

in the Sector of IT & ITeS And the Sector of BFSI for a time period of 12- 36 months

(As Per Trade Selection). During the Training Period throughout NCVT-MIS Systems

each engaged Apprenticeship candidates has been paid the Stipend as per the

minimum wages rates as it is From Rs. 7800 – 14000/ per month per

apprenticeship candidates.

(True copy of checks issued to candidates and deposit receipts & Bank Certificate as a

prove of payment of stipend by Employer made to apprentices is attached herewith &

marked as Annexure P-3 on page no-

17. And after getting completion of ATS Training period the trainee are shifted for the

BTP Course (Basic Training ) under the NAPS (National Apprenticeship Promotion
 P a g e | 15

Schemes) program for a time period of 3 months/ 500 hours on cost of Rs. 7500

per Apprentice. And this for purpose the Petitioner No-1 were required to make

register the Establishment with NSDC on their Official Portal of

Apprenticeship(https://apprenticeshipindia.org/)

( Registration with NSDC under Apprenticeship Scheme )

S. No Establishment Reg No Establishment’s Name

01 E07171000003 Ravi Kumar
02 E01191000004 CSC eGovernance Services India Ltd
03 E09171000005 Roushan Jan Seva

( Registration with NSDC under BTP Scheme )

S. No BTP Reg No Establishment’s Name

01 TP007978 Common Service Center
02 TP_000634 Roushan Jan Seva
BTP1918516 CSC eGovernance Services India Ltd
03

18. The Petitioner make all the ATS (fresh Apprentice) candidates enrolled under the

BTP Apprenticeship Central Schemes on their specified Trade. For a time period of 3

months/ 500 hours under a contract Agreement validated by the respondent no-6

or concerned RDAT/ SAA.

(Copy of List of BTP Enrolled Candidates and the Contract Agreement of each

engaged Apprentice validated from the concerned RDAT/ SAA or respondent

no-6 is attached herewith and marked as Annexure P-4 on page no-

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19. Each & every procedures from the Petitioner’s sides has been already completed at

all but the Respondent No-4 & 5 is not processing the BTP Claim of Petitioner No-1

since the last 2 years without having any legal reasons to holding of claim.

20. Respondent No 4 & 5 is not serving in public faith and have never cared of any rules

& regulation made there under. The Respondent No- 4 & 5 containing an authority

of the IT & ITeS Sector Skill Council and the BFSI Sector Skill Council is constituted

as an autonomous industry-led bodies by NSDC. And maintaing Role of Assistant/

Deputy Apprenticeship Advisor under the National Apprenticeship Promotion

Schemes regulated by the Directorate General of Employment & Training. The

Respondent No- 4 & 5 has been appointed as the Assistant/ Deputy Apprenticeship

Advisor under the Apprenticeship Act and Shall be deem to be a Public Servant

within the meaning of Section 21 of the Indian Panel Code 1860.

21. The Respondent No-4 & 5 is avoiding to Petitioner No-1 by asking for many different

kinds of documents in their separate specified format and a bonding letter from the

court even after its not mandatory under Apprenticeship rules and regulations. The

Petitioner No-1 has also submitted the required Affidavit twice of times but they

again are asking for another documents even all required documents may be asked

at once. that caused a mental harassment to Petitioner No-1. And this for reason

the Petitioner No-1 made a RTI Application No- NSDCO/R/2019/80165, dated 08-
 P a g e | 17

11-2019 with the Respondent No-1 seeking for required documents for claim

reimbursement of Petitioner No-1.

(Copy of RTI Application is attached herewith and marked as Annexure P-5 on

page no-

22. The Respondent No-1 through the respondent no-3 informed to Petitioner no-1 that

their claim is withheld due to having non submission of few specified documents

including with the Affidavit of Employer validated by Notary Public. Therefore, the

Petitioner are required to submit the following specified documents in a specified

format for reimbursement of the Petitioner’s BTP Apprenticeship Claim. All such

required documents from the Respondent No-3 for reimbursement of the Petitioner

No-1 BTP Claim is listed below.

Documents Required for BTP Claim Reimbursement is listed below.

a.) Declartion on Stamp Paper (Rs.300/-)

b.) Declartion on Stamp Paper (Rs.1000/-)

c.) Bank Confirmation Letter from Bank Manager

d.) Transaction Copy attested by Bank Authority.

(Copy of letter from the respondent-3 required to petitioner for submission of

below listed documents is annexed with the Annexure P-5 at page no-
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23. The Petitioner No-1 submitted each required documents to respondent No-3

(through Navpreet Mahendru) As per the instructions received from the concerned

CPIO in NSDC against RTI Application No- NSDCO/R/2019/80165, dated-

19/11/2019. But unfortunately, the Petitioner even again not been provided the

BTP Claim from the respondents sides. And then after-

(Copy of eLetter sent by the Petitioner to respondent no-2 including all required

documents for claim reimbursement is annexed with the Annexure P-5 at page

no-

24. The Petitioner No-1 further filled a First Appeal No- NSDCO/A/2019/60058, dated-

02-01-2020 with the Respondent No-2 against the Respondent No-3 by stating that

either the provided Information from the respondent no-3 (CPIO) is deem to

wrong/ false because the Petitioner No-1 still have not yet been provided the BTP

Claim even after submission of all required documents (as per recommendation

from the concerned CPIO in NSDC) And if it is not as so then there is an official/

regulatory/ administrative contradiction among the respondents nos- 1 to 5.

(True Copy of First Appeal Application is annexed with Annexure P-5 at page

no-

25. The respondent no-2 or Appellate authorities in NSDC replied that the Petitioner’s

no-1 claim is hold with the respondent no-4 & 5. Instead to pass any order in favor

of Petitioner No-1. And then after-

 P a g e | 19

(True Copy of Order Letter received from the Appellate Authority of NSDC is

annexed with Annexure P-5 at page no-

26. The Petitioner No-1 filled a Second Appeal having Case File No- “CIC/NSDCP/A

/2020/661336”, dated- 22-01-2020 with Central Information Commission and

currently the case is still in pending with CIC Authorities .

(True Copy of 2nd Appeal Application & receipt of Case registration no. is

annexed with Annexure P-5 at page no-

27. In the present petition, It is clearly known that there is a discrimination in the

working of respondents nos 1 to 5 and the led official (as it respondent no. 4 & 5)

constituted under NSDC (respondent no.1) is misusing their official power during

discharging the service rules has made there under. The respondent No-4 & the

respondent no-5, is avoiding to petitioner in a wrong intention since last 2 years

even the Petitioner acquired a “Constitutional Status” under the Chief Labour

Commissioner(Central) in Ministry of Labour & Employment Government of India.

28. For implementation of the Apprenticeship Schemes from DGT/ RDAT/ NSDC to

local peoples, there are lots of Sub-official and the subordinate official has been

constituted to regulate this services across the country But it is also a true fact that

there are lots of deficiencies in the processing of this governments schemes. Many

Sub-ordinate official constituted under NSDC has no more departmental and

 P a g e | 20

programs and legal documentation related knowledge. They have never cared

about any rules/ regulation/ laws made their under. They deals with the Industries/

Companies by their owns even such company not following the applicable Labour

laws and filling of annual returns.

29. The respondent no-4 & 5 has been commanded many times by the NSDC and the

concerned senior official to process the claims of Petitioner but they never obey

order of any senior official . Apart from Basic Training, there is a component of On-

The-Job training which is performed by the Establishment and undertaken by the

establishment itself . Only a Fresher Apprenticeship are applicable for the BTP And

there is no Stipend are paid to the BTP Apprenticeship candidates as it is a part of

Principal Employer which manage the BT training among their undertaken

companies/ industries for which the government will provide the cost of BTP as Rs.

7500/ per Apprentice(Fresh) to Principal Employer . But the Respondent No-5 is

mentally & emotionally torturing to the Petitioner by asking for bank account

details of all BT Apprenticeship Candidates even the respondent-5 has been guided

many times by the concerned senior official .

30. The respondent No-4 & 5 are also not applicable to interrupt the Petitioner as it

because of having a constitutional status and the Representative of NSDC that make

Petitioner a part of the Central Apprenticeship Council Or "Board or State Council of

Technical Education" means the Board or State Council of Technical Education

established by the State Government;] . The Petitioner is imparting BT training

 P a g e | 21

through the Establishments for which the “Appropriate Government” would be the

Central Governments.

31. The Government of India through the Hon’ble Ministry of Skill Development &

Entrepreneurship as it here Respondent No. 10 has launched a flagship Scheme in

2018 have named- Pradhan Mantri Kaushal Vikas Yojana (PMKVY) aimed at

providing free-of-cost skill training to over 1 Crore youth in 4 years in 221+ job

roles; offering short term training for a time period of 2 months to 6 months. The

Scheme is being implemented by the National Skills Development Corporation

(Respondent No-1). The PMKVY is being operated by both of the Centre and the

States under “Centrally Sponsored Centrally- Managed (CSCM)” and “Centrally-

Sponsored State- Managed (CSSM) modes”.

32. The Petitioner No-1 is registered as a CSCM TP/ SPIA SDMS Training Partner/

State Project Management Unit under the Pradhan Mantri Kaushal Vikas Yojana

(PMKVY) having registration no- TP06E4428228 to setup of New Training Center

across the rural & backward area of the State/ country. and make bringing the skills

training closer to the villagers in most rural and backward area of the country but

unfortunately the Petitioner No-1 is restricted from the respondents no- 7 since

2018. to use the services as per the given role of Project Management Unit under

the National Skill Development Mission regulated by the NSDA is an autonomous

body and is part of the Respondent No-10 (Ministry of Skill Development &

Entrepreneurship (MSDE))
 P a g e | 22

(A Copy with Registration details of Petitioner as Training Partner with the

Skill Development Management Systems (SDMS) is attached herewith &

marked as Annexure P-6 at Page No.

33. The key components of PMKVY are distributed between the CSCM and CSSM as

follows:

A.) For Centrally Sponsored Centre Managed (CSCM) TP

1.) Short- term Training

2.) Recognition of Prior Learning (RPL)

3.) Special Projects

B.) For Centrally Sponsored State Managed (CSSM) TP

1.) Short- term Training

34. The PMKVY Training Centres (TCs) may conduct training either under CSCM mode

or CSSM mode, but not both, The states may bring out state- specific milestones and

their own payout mechanisms for the CSSM only not for the CSCM. The Payout for

the CSCM TP/SPIA and the CSSM TP/SPIA are specified on Annexure P attached

herewith this petition.

(Copy of Program Details of PMKVY in CSCM/ CSSM module is annexed with

Annexure P-6 at Page No-

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35. Currently there is none of any Industries/ Company/ Institutions in the state of

Bihar Providing/ Offering the National Apprenticeship Services due to only having

no more interest of the concerned State Department/ Official in the program of

central governments caused to lack of basic development in major part of the state

of Bihar.

36. The next issue is related to transparency in the spending of National Skills funds by

the state official. As it is known that the Central governments randomly launches

various kinds of Skills Developments Program across the country as like- PMKVY,

NRULM, DDU-GKY, NAPS, ATS and many more to make equalize the society in the

meaning of basic human developments for a better lives. There are total 38 Districts

in the State of Bihar but unfortunately 21 district out of 38 is still now below from

the National average development rates And the 9 district out of 21 is as below as it

is listed with the “DISTRICTS AFFECTED BY LWE LEFT WING EXTREMISM(LWE)”

by the Government of India. On the basis of above described data it can be

considered that the granted funds from the Central Governments to state

governments under such central program/ schemes are not going to used in central

policies and public faith.

GROUND
 P a g e | 24

I. The action of the Respondents is in violation of Article 14 and 19 of the

Constitution besides also violating the principles of Natural Justice.

II. Because the Respondents have failed to appreciate the facts that there is a

possibility of existence of similar circumstances in the ensuing basic

developments and equal opportunities to whole peoples of the State of Bihar.

The State Respondents as it respondents nos -6 to 8 have shown very less or

no interest in National Apprenticeship Program.

III. The Action of the Respondent No-1 is in violation of Right to Information Act

2005, As here the respondent no-3 in the role of CPIO has either provided

wrong information or there is a quasi official contradiction among the

respondent no-3 and the respondent no-4 & 5.

IV. Because the Petitioners have approached the concerned authorities several

times in connection with the issues raised in this petition, which have also

been referred to in this petition. However there is no response from the

authorities.

V. The Petitioner might be considered as a Part of “Central Apprenticeship

Council or State Apprenticeship Council is liable to not get any restriction

from the Concerned Dept.

VI. Because no exercise has been initiated till now for the Reimbursement of
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Petitioner’s BTP NAPS Claim from the Respondents nos- 1 To 12.

VII. Because the Petitioner has not filed any other petition before any other Court

seeking similar relief as prayed in this petition.

QUESTION OF LAWS

I. Whether The concept of a Legal Person is a fundamental legal fiction.

II. Under Which Jurisdiction the Petitioner should be served

III. Whether this case involves a substantial question of law as to the interpretation of

the Constitution of India or any order made thereunder ?

IV. Whether this Petition filled by the Petitioner to Seek a declaration

simpliciter is maintainable in view of Section 34 of the Specific Relief

Act.

PRAYER

It is, therefore most respectfully prayed that this Hon‘ble Court may be

graciously pleased to:

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I. Kindly Issue a writ in the nature of mandamus or other appropriate writ/writs

order or direction to the Respondent No-1 to 10 to reimburse the Petitioner’s No-1

.5
BTP Apprenticeship Claim as per rules made there under against all such
,
Apprenticeship candidates has been validated from the Respondent No- 6 & 8.

II. Kindly Define the Petitioner on the Basis of their Legal Working since the last five

(5) years under the Ministry of Labour & Employment Govt of India..

III. Kindly Command to Concerned Ministry/ Authorities/ Dept/ Official to grant a

Financial Support upto Rupees 50 - 100 lakh or As it deem to fit by Hon’ble Court

to Petitioner to Setup a Wider Technical Skills Center within the Petitioner's most

rural & backward area has of the country.

IV. Kindly Constitute the Petitioner No-1 as an Independent Authorities to facilitate the

Government’s Skills services more effectively with their most rural & backward area

of the Country.

V. Kindly Grant the all admin control over the BFSI Sector Skill Council and the ITs & IT

Sector Skill Council to work more effectively across the State of Bihar.

VI. Kindly Order the Respondents nos 1 to 11 to Provide the Petitioner

Admin Control Over the Skill Development Management Systems (SDMS

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TP USER- TP06E4428228 ) to regulate the Government Skill Services on

State/ National Level independentally.

VII. Kindly grant an order directing the Union of India to forthwith instruct the

Directorate General of Employment & Training to collaborate with the Petitioner to

carry out all the works indicated as in prayer.

VIII. Kindly grant an order identifying the persons responsible for the inaction on the

part of the Respondents nos. 1 to 12 and for appropriate orders of punishment/

prosecution if deemed necessary.

IX. Kindly Issue a writ of prohibition, restraining Respondent No.1 from charging

exorbitant fees / charges on any future documentation under such Skill

Development Program.

X. Kindly grant an order of this Hon’ble Court setting up a “High Powered Committee”

to monitor the implementation of the orders passed by this Hon’ble Court in this

matter as well as to conduct enquiries and make recommendations.

XI. Kindly Pass an order directing the Comptroller and Auditor General to forthwith

audit the entire records of the Union of India and the NSDC regarding the grants of

government’s share under NAPS , PMKVY and Funds released to SSC (Sector Skill

Council ) in connection with the Skills Developments & Trainings through National
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Apprenticeship Programs that took place in the State of Bihar Since 2015 onward,

and to make a report to this Hon'ble Court within a specified time period.

XII. Kindly Pass an order directing the respondents 9 to 12, to produce before this

Hon’ble Court the policy of the NSDC regarding NAPS(National Apprenticeship

Training Scheme) , as well as the policies relating to SSC (Sector Skill Council) And

for this Hon’ble Court to issues guidelines in this regards to ensure a sustainable

development and skills for all.

XIII. That cost of the writ petition may kindly be awarded in favour of the petitioner.''

XIV. For any other or direction that this Hon’ble Court may deem fit and

appropriate in the interest of justice and in the facts and

circumstances of the instant petition.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY

BOUND SHALL EVER BE GRATEFUL.

FILLED BY

Petitioner In Person
Mr. Ravi Kumar
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