Baldev Singh And Others vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 3343 HP

            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                          CWP No.4139 of 2021.
                                    Decided on: 2nd August, 2021.




                                                                                      .

          Baldev Singh and others                                        ....Petitioners.
                                          Versus
         State of Himachal Pradesh and others        ....Respondents.





          Coram:
          The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
          The Hon'ble Mr. Justice Satyen Vaidya, Judge.





           Whether approved for reporting? 1 No

           For the Petitioners:               Mr. Maan Singh, Advocate.

           For the Respondents:               Mr. Ashok Sharma, Advocate General with
                               r              Mr. Vinod Thakur, Mr. Hemanshu Misra,
                                              Mr. Shiv Pal Manhans, Additional

                                              Advocate Generals and Mr. Bhupinder
                                              Thakur, Deputy Advocate Generals, for
                                              the respondents-State.


                                 (Through Video Conferencing).
           _________________________________________________________

            Tarlok Singh Chauhan, Judge (oral)

This case has been listed under the caption "Speaking to

the Minutes".

It appears that inadvertently the instant writ petition was

disposed of in terms of judgment passed by this Court in CWP No.

2843 of 2020, titled Manoj Kumar and others vs. State of Himachal

Pradesh & others, whereas, it should have been disposed of in terms of

judgment passed by this Court in CWP No. 2695 of 2018 titled Manoj

Kumar and others vs. State of Himachal Pradesh & others, decided on

19.11.2019. Therefore, now the correct judgment be read as under:-

Whether reporters of the local papers may be allowed to see the judgment? yes

...2..

The instant petition has been filed for grant of the

following reliefs:-

.

"i) That the order dated 17.12.2016, annexure P-9 passed by

respondent No.1may very kindly be quashed and set aside to the extent, one time relaxation has been denied to the

petitioners for getting themselves registered with the Para Veterinary Council and from seeking employment as Veterinary Pharmacist in Animal Husbandry Department.

ii) That the respondent No.1 and 2 may very kindly be directed

to register the names of petitioners as Para Veterinary Practitioners under sub-section 2 of Section 38 of Para Veterinary Council Act, 2010 and issue necessary certificates

of registration on the analogy of case of petitioners in CWP No. 2695 of 2018/2843 of 2020, titled Manoj Kumar and others

vs. State of Himachal Pradesh and others."

2. The issue in question is squarely covered by a judgment

rendered by Principal Division Bench in CWP No. 2695 of 2018,

titled as Manoj Kumar & others vs. State of Himachal

Pradesh & others, decided on 19.11.2019.

3. Accordingly, for the reasons recorded in the said petition,

which shall apply mutatis mutandis to the instant writ petition,

this writ petition is allowed. Consequently, impugned order

dated 17.12.2016 (Annexure P-9) passed by respondent No.1 is

quashed and set aside. Respondent No.1/State is directed to

consider the case of the petitioners and pass orders afresh for

the purpose of registering them with Himachal Pradesh Para

Veterinary Council and for their employment as Veterinary

Pharmacists in Animal Husbandry Department, in light of the

...2..

observations already made in the judgment rendered in Manoj

Kumar's case (supra) and in light of the judgment rendered by

.

this Court in CWP No. 8627 of 2010 titled as Manav Bharti

University vs. State of H.P. & others, dated 13.04.2011, within a

period of four weeks from today.

4. The petition stands disposed of, so also the pending

application(s), if any.

                                        (Tarlok Singh Chauhan)
                                                 Judge
               r                            (Satyen Vaidya)
                                                Judge

     2nd August, 2021.
     (krt)