Himachal Pradesh High Court
Shekhar Sharma Son Of Sh. Hari Dutt vs "6 on 1 July, 2022
Bench: Sabina, Satyen Vaidya
1
Reportable/Non-reportable
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF JULY, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 2482 OF 2022
Between:-
HIMACHAL EDUCATION SOCIETY
HAVING REGISTERED OFFICE AT 40/10
CHOBATTA BAZAR MANDI H.P. THROUGH
ITS DIRECTOR NAMELY DR. CHANDER
SHEKHAR SHARMA SON OF SH. HARI DUTT
SHARMA RESIDENT OF 40/10 CHOBATTA
BAZAAR TOWN MANDI, HP.
AGED ABOUT 50 YEARS.
....PETITIONER
(BY MR. DEVENDER K. SHARMA,
ADVOCATE)
AND
1. STATE OF H.P. THROUGH PRINCIPAL
SECRETARY (ANIMAL HUSBANDRY) TO
THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-2, HP.
2. THE DIRECTOR, DEPARTMENT OF ANIMAL
HUSBANDRY, DEPARTMENT SHIMLA-5.
3. THE REGISTRAR,
CSK HPKVV PALAMPUR
DISTRICT KANGRA, HIMACHAL PRADESH.
4. THE REGISTRAR,
PARA VETERINARY COUNCIL OF ANIMAL
HUSBANDRY HIMACHAL PRADESH,
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2
SHIMLA HP 171005.
..RESPONDENTS
(MR. ASHWANI SHARMA, ADDITIONAL
ADVOCATE GENERAL FOR R-1 & R-2
.
MR. NARESH K. SHARMA, ADVOCATE
FOR R-3)
__________________________________________________________________
This petition coming on for orders this day, Hon'ble
Mr. Justice Satyen Vaidya, passed the following:-
ORDER
Heard.
2. By way of instant petition, petitioner has prayed
for the following substantive reliefs:-
i) "That a writ of mandamus may kindly be issued and the
respondents be directed to issue Essentiality
certificate/no objection certificate for establishing a para
Veterinary Institution at Mandi H.P. to the petitioner
Society and further direct respondents No. 3 and 4 to
inspect the institution of petitioner and further permit the
petitioner to start Veterinary Pharmacist course with 60
seats in the interest of justice and fair play.
ii) To issue a mandamus directing the respondents to
produce record pertaining to institutions who have
been granted essentiality certificate after the
petitioner applied for the same."
3. The case of petitioner is that it applied to the
competent authority for essentiality certificate for running
a Veterinary Pharmacist Course. As per standard
operating procedure (for short 'SOP'), the pre-inspection
was conducted on 7th August, 2021. The discrepancies
pointed out were rectified. Respondent No.2 forwarded
case of petitioner to respondent No.1 for the decision.
.
However, no final decision has been taken on the
application of the petitioner till date on the premise that
the State Government is formulating a comprehensive
policy and the final decision shall be taken thereafter.
4. An identical issue has been dealt with and
decided by this Court in CWP No. 5946 of 2021 titled as
Shanti Niketan Education Society vs. State of H.P and
others on 9th May, 2022 and held as under:-
"6. Respondents No. 1 to 3 have not denied that the
application submitted by the petitioner does not
comply with the requirements of SoP. The only
ground for not taking final decision on the
application of the petitioner is the contemplated
policy proposed to be framed by the State
Government. Noticeably, an affidavit came to be
filed by the Deputy Secretary (Animal Husbandry) to
the Government of Himachal Pradesh on
02.12.2021 in this Court in compliance to order
dated 01.12.2021 and the same reason of
contemplated comprehensive policy was mentioned
for not allowing private institutions to start
Veterinary Pharmacist Training Course till
formulation of such policy. Respondents No. 1 to 3
have filed reply dated 22.03.2022 and have again
reiterated the contents of aforesaid affidavit as the
reason for keeping the application of petitioner
pending.
7. Petitioner, after rectification of shortcomings pointed
.
out by the pre-inspection committee, had submitted
the application in June, 2021. After lapse of about
10 months thereafter application is still pending.
The reason assigned by respondents No. 1 to 3 for
such pendency cannot be countenanced. The
application has to be considered in terms of Rules
applicable on the date of submission and cannot be
deferred on the ground of contemplation regarding
formulation of policy by the Government. The policy,
if so framed, will have prospective operation. The
act of respondents No. 1 to 3 in keeping the
application of petitioner pending in wait of
formulation of policy in future is clearly illogical and
arbitrary.
8. Respondents No. 1 to 3 have granted permission to
two institutions after submission of application by
petitioner. This act of respondents No. 1 to 3 is
clearly arbitrary and smears of malafide. In case
the restrictive scope of employment in future was
being considered as a reason to withheld
permissions, the two institutes who have been
granted permission after submission of application
by petitioner had to be dealt with by applying the
same parameters. The reasons assigned for
granting these institutions the permissions, thus,
are only the pretext for justification of action,
otherwise the grant of permission to these
institutions is clearly discriminatory and arbitrary.
9. In the light of above discussion, the petition is
allowed. Respondents No. 1 to 3 are directed to
take a decision on the application of the petitioner
within two weeks from the date of production of a
.
copy of this order and in case it is found compliant
with the SOP and other applicable Rules, to grant
requisite essentiality certificate/NOC to the
petitioner."
5. The instant case is identical in facts to the facts in
Shanti Niketan Education Society supra. The issue involved
is also the same, therefore, the judgment in Shanti Niketan
Education Society will apply to the facts of instant case on
all scores.
6. Thus, the petition is allowed. The respondents are
directed to take a decision on the application of the
petitioner within two weeks from the date of production of
a copy of this order and in case it is found compliant with
the SOP and other applicable Rules, to grant requisite
essentiality certificate/NOC to the petitioner.
7. The writ petition stands disposed of in the
aforesaid terms. Pending applications, if any, shall also
stand disposed of.
( Sabina )
Judge
July 01, 2022 ( Satyen Vaidya )
(naveen) Judge
