Mohan Lal & Ors vs State Of H. P. & Ors
2021 Latest Caselaw 3509 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                               CWP No. 4319 of 2021




                                                                              .
                                               Date of decision: 04.08.2021.





    Mohan Lal & Ors.                                                     .....Petitioners.





                                        Versus

    State of H. P. & Ors.                                             .....Respondents.


    Coram:





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

    Whether approved for reporting? 1          No.



    For the Petitioner
                          r    :               Mr. Maan Singh, Advocate.

    For the Respondents:                       Mr. Ashok Sharma, A.G. with Mr.
                                               Vinod Thakur, Mr. Hemanshu Misra,
                                               Mr. Shiv Pal Manhans, Addl. A.Gs.
                                               and Mr. Bhupinder Thakur, Dy. A.Gs.,


                                               for respondents-State.

                                               (Through Video Conferencing)




    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for the grant of

following substantive reliefs:-

i) That the order dated 17.12.2016, annexure P-9, passed by the respondent No. 1 may 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.

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

ii) That the respondents 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 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

Pharmacist in Animal Husbandry Department, in light of the

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 Manav Bharti

University vs. State of H.P. & others, decided on 13.04.2011,

within a period of four weeks from today.

.

The petition stands disposed of, so also pending

application(s), if any.

                                           (Tarlok Singh Chauhan)
                                                     Judge


                                              (Satyen Vaidya)





               th
           4        August, 2021                   Judge
               (sanjeev)