Ajay Kumar vs State Of Himachal
2021 Latest Caselaw 3786 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
               ON THE 9TH DAY OF AUGUST, 2021




                                                       .

                          BEFORE

        HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN





                              &
            HON'BLE MR. JUSTICE SATYEN VAIDYA

                     CWP No. 4401 of 2021




Between:-

     1. AJAY KUMAR, S/O SH. OM CHAND

    VERMA, R/O VILLAGE MATLAG, P.O.
    MASERAN,   TEHSIL    SARKAGHAT,

    DISTRICT   MANDI,       HIMAHCAL
    PRADESH.



2.    SHALINI SHARMA, D/O SH. OM
PARKASH SHARMA, R/O VILLAGE
TRAMBLI, P.O. BARI, TEHSIL &




DISTRICT    KULLU,    HIMACHAL
PRADESH.                                         .....PETITIONERS





(BY MAAN SINGH, ADVOCATE)
AND





1. STATE OF HIMACHAL PRADESH
THROUGH    SECRETARY    (ANIMAL
HUSBANDRY) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA-2

2.    HIMACHAL PRADESH PARA
VETRINARY COUNCIL PASHUDHAN,
BHAWAN, SHIMLA-5, THROUGH ITS
REGISTRAR.




                                      ::: Downloaded on - 31/01/2022 22:50:56 :::CIS
                                   2




3. MANAV BHARTI UNIVERSITY,
LADDO, POST OFFICE SULTANPUR,
KUMARHATTI,  DISTRICT  SOLAN,




                                                               .
HIMACHAL PRADESH, THROUGH ITS





REGISTRAR.
                                                          ...RESPONDENTS





(BY SH. RAJENDER DOGRA, SR.
ADDITIONAL ADVOCATE GENERAL,
WITH SH. SHIV PAL MANHANS, SH.
HEMANSHU MISRA, ADDL. A.G., AND





SH. BHUPINDER THAKUR, DY. A.G)
______________________________________________________
  This petition coming on for orders this day Hon'ble Mr. Justice Tarlok
Singh Chauhan, passed the following:-


                              ORDER

The instant petition has been filed for the

grant of following substantive reliefs:-

i) That the order dated 17.12.2016, annexure

P-4, 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.

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 parties are at ad idem that 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-4), 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) Judge

August 09, 2021 (tarun/ravinder)