Full Judgment Text
2023/DHC/001438
$~47, 48 & 52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 27 February, 2023
+ W.P.(C) 2441/2023 & CM APPL. 9343/2023
DECCAN MANAGEMENT CONSULTANTS FINISHING
SCHOOLS SKILL FOUNDATION ..... Petitioner
Through: Mr. S.K. Gupta, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadav, Advocate for UOI (M-
8285815626 )
WITH
+ W.P.(C) 2442/2023 & CM APPL. 9344/2023
BSA CORPORATION LTD ..... Petitioner
Through: Mr. S.K. Gupta, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadav, Advocate for UOI.
AND
+ W.P.(C) 2450/2023 & CM APPL. 9543/2023
YASHASWI ACADEMY FOR SKILLS ..... Petitioner
Through: Mr. S.K. Gupta, Advocate
versus
UNION OFINDIA & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadav, Advocate for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
2. These petitions have been filed by the agents who have been appointed
under the National Employability Enhancement Mission (NEEM) which was
floated by the All India Council for Technical Education (AICTE) by a
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:28.02.2023
16:18:30
W.P.(C) 2441/2023 & connected matters Page 1 of 5
2023/DHC/001438
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Gazette notification dated 15 April, 2013. Under the said mission, various
agents were appointed for imparting and increasing the employability of
persons. Several agents were appointed under the said scheme including all
the Petitioners.
3. The Petitioners in the present cases were appointed as agents under the
All India Council for Technical Education (National Employability
Enhancement Mission (NEEM) Regulation, 2013. The Central Government
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took a decision on 23 December, 2022 to discontinue the said scheme with
immediate effect. The said order reads as under:
“Subject: National Employability Enhancement Scheme
(NEEM) - regarding
Sir.
I am directed to refer to AICTE letter F. No. 3-1/D-
SDC/NEEM/2021 dated 11.08.2022 regarding revised
draft NEEM guidelines forwarded to the Ministry for
consideration and to convey that it has been decided to
discontinue the Scheme with immediate effect.
2. In light of the above, AICTE is requested to close the
above scheme with immediate effect.”
This order has been challenged by the Petitioners who are the NEEM agents.
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4. A perusal of the impugned order dated 23 December, 2022 would
show that as per the said communicated NEEM had been discontinued with
immediate effect . A similar issue was raised in W.P.(C) 1589/2023 titled
‘ Team Lease Education Foundation v. Union of India and Ors. ’ in which
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vide order dated 7 February, 2023, the interim protection was granted to one
of the agents register under NEEM. The relevant portion of the said order
reads as under:
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:28.02.2023
16:18:30
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2023/DHC/001438
“xxx xxx xxx
3. The Petitioner challenges the above decision
of the Respondents to discontinue the NEEM scheme
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and the resulting letter dated 23 December, 2022.
4. The case of the Petitioner is that under the
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NEEM scheme, which was notified on 15 April, 2013,
in the Gazette of India, training is imparted to students
in various skills to enable them to secure employment.
The purpose of the NEEM Scheme is to facilitate
upskilling and make Indian youth ready for
employment in various industries.
5. The case of the Petitioner is that in view of the
impugned order/letter, as per the Petitioner, more than
26,000 students who are receiving training would be
impacted. Considering the large scale impact of the
impugned letter dated 23rd December, 2022, Mr. Anil
Soni, ld. Counsel would seek instructions in the matter.
6. In the meantime, it is made clear that the
Petitioner shall make no fresh admissions. However,
considering the fact that the NEEM Scheme has been
in operation for the last decade or so, the sudden
stoppage of the scheme could result in adverse impact
on those who are already enrolled. Accordingly, the
students currently enrolled with the Petitioner shall
continue to receive the training as also any
certifications that would otherwise have been given to
them under the NEEM Scheme.
7. The Court also directs a responsible official
from the concerned Ministry to remain present in
Court on the next date of hearing.”
5. Mr. Anil Soni, ld. CGSC and the Standing Counsel for AICTE submits
that, after the above order passed by this Court, a clarification has been issued
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by the AICTE on 27 February, 2023 vide letter no. F.No. 3-
1/SDC/NEEM/2021 to the following effect:
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:28.02.2023
16:18:30
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2023/DHC/001438
“F.No.3-1/SDC/NEEM/2021
Dated: 27.02.2023
CLARIFICATION
In Continuation of the AICTE’s mail dated January 03,
2023, regarding closure of NEEM Scheme (MoE letter
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No. 36 27/2018, NVEQF dated 23 December, 2022). It
is informed that no fresh admission will be carried out
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after discontinuation of the Scheme w.e.f 23
December,2022. However, the students enrolled under
the National Employability Enhancement Mission
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(NEEM) on or before 23 December, 2022 shall
continue to receive training and certification under the
NEEM Scheme till completion of their training period.
This issues with approval of the Competent
Authority .”
6. The concern of this Court was that while there can be no doubt that a
scheme cannot be continued indefinitely by the Government, the sudden
discontinuance of the scheme with immediate effect would have a bearing and
an adverse impact on students who may have been already enrolled during the
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operation of the scheme. It was in this context that the order dated 7
February, 2023 was passed by this Court.
7. The clarification issued today clearly states that only fresh admissions
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would be stopped with effect from 23 December, 2022. The students who
have been enrolled prior to the said date would continue to receive the training
and certification under the NEEM scheme till completion of the training
period.
8. Mr. Gupta, ld. Counsel submits that all NEEM agents were
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communicated the order dated 23 December, 2022 on 3 January, 2023.
9. Accordingly, this Court is of the opinion that in terms of the
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:28.02.2023
16:18:30
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2023/DHC/001438
clarification, all the Petitioners would be permitted to impart training to such
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students who have been enrolled prior to 4 January, 202 and also issue
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respective certifications. With effect from 4 January, 2023, no further
enrolments would be permissible by any of the Petitioners.
10. The petitions are disposed of in these terms. All pending applications
are also disposed of.
PRATHIBA M. SINGH
JUDGE
FEBRUARY 27, 2023
Rahul/am
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:28.02.2023
16:18:30
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