Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Vocational Training Centres (VTCs) - Permitted to run various courses in the State |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | EDUCATION/ EDUCATIONAL INSTITUTIONS:Vocational Training Centres (VTCs) - Permitted to run various courses in the State - Cabinet decision dated 25.11.2008 to wind up certain courses - Writ petition filed before the High Court - Subsequently, Cabinet decision dated 18. 7. 2009 discontinuing three courses, namely, Art and Craft, Library Science and PT/ - High Court quashing the Cabinet decision dated 18. 7.2009 - HELD: The Cabinet considered the proposal of the State Council for Vocational Training and after deliberation, took the decision to continue various courses under SCVT except the said three courses. Inasmuch as the Cabinet decision dated 18. 7.2009 was not the subject matter or issue of the writ petition, State was not in a position to highlight all details before the High Court - High Court was not justified in interfering with the Cabinet decision dated 18. 7. 2009 - The quashing of Cabinet decision without analysing the pros and cons restricts the State's constitutional authority and powers to frame policy especially in such vital areas like imparting technical education, and, therefore, is not acceptable- Administrative law.CONSTITUTION OF INDIA, 1950:Article 226 - Writ petition - Judgement reserved on 3. 7. 2009 - Subsequent Cabinet decision dated 18. 7.2009 - Quashed by High Court - HELD: There was no prayer in the writ petition for quashing of any policy or scheme or decision of the Government but the petitioner only prayed for certain directions for admission of the students in courses under SCVT for the session 200_7-20(}8 - The conclusion of the High Court quashing the Cabinet decision dated 18. 7. 2009 without reopening the case and hearing both the sides about the matter as to the subsequent· development and as a consequence issuing several directions is unacceptable and contrary to well established principles - It was but appropriate to reopen the case, permit the petitioner- association to amend the relief portion, afford adequate opportunity to the State to put forth their stand for modifying the. 'policy' curtailing certain courses under SCVT - The decision of.the Cabinet ought not to be interfered with in judicial review so lightly as . has been· done· in' the instant case - Education/Educational Institutions -Administrative Law - Policy decision, Judicial Review - .Subsequent event.ADMINISTRATIVE LAW:Legitimate expectation - Vocational Training' Centres (VTCs) permitted to run various courses - Subsequently, decision taken to wind up certain courses -·High Court holding that YTCs were entitled to run' all the courses under the principles of 'legitimate expectation• - HELD:· 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 to run a'particular course for ever and it is the· pervasive power and authority vested in the Government to frame policy and guidelines for progressive and legitimate growth of the society .and create balances in the arena inclusive of imparting technical education from time to time.JUDICIAL REVIEW: Policy decision of State Government with ·regard to permitting Vocational training to run technical courses. HELD, in as much 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.Government is free to frame its policy alter and modify it with regard to manpower requirement in various professionals and technical fields. The course do not substitute its views the decision of the State Government with regard to policy matters. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 320 |
Petitioner | State Of H. P. And Ors. |
Respondent | Himachal Pradesh Nizi Vya |
SCR | [2011] 5 S.C.R. 533 |
Judgement Date | 2011-04-20 |
Case Number | 3385 |
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