High CourtsDivision Bench(2020) 12 SHI CK 0228

Manoj Kumar And Others vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 30 December 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 2843 Of 2020

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Judgment

21 paragraphs · 386 words

Anoop Chitkara, J

1.

Seeking directions to Director, Animal Husbandry to let him provisionally appear in the counseling of the post of Gram Panchayat Veterinary

Assistant as well as to direct the third respondent i.e. Registrar, Himachal Pradesh Para Veterinary Council to forthwith register their names, the

petitioners have come up before this Court.

2.

All the petitioners have obtained their diplomas in Veterinary Pharming from Manav Bharti University, Solan in June 2011. Vide order dated

17.08.2020, this Court had directed the respondents to consider the petitioners provisionally for Gram Panchayat Veterinary Assistant, subject to the

result of the final outcome of this writ petition and pursuant to which the petitioners claimed to have participated. This Court had also directed the

respondents to verify the genuineness of these diplomas.

3.

In response filed in this behalf, the State has come up with the plea that Manav Bharti University allegedly burnt its record.

4.

After this, the petitioners had placed on record the photocopy of the receipt of payments made to Manav Bharti University. A perusal of these

receipts reveal that the petitioners had paid fee to the University in 2009, 2010 and 2011.

5.

The State did not refute the genuineness of these receipts placed on record by the petitioners, at this stage, reserved their right to do so, in case the

need so arises at a later stage.

6.

A perusal of these receipts prima-facie appear to be genuine. However, it shall be open for the respondents to challenge its authenticity before any

appropriate forum, in case such a situation so arises.

7.

The petitioners had also approached this Court in CWP No. 2695 of 2018 and this Court vide judgment dated 19.11.2019 had allowed the said writ

petition and now the petitioners have come up for the remaining reliefs, which he had omitted to mention in the earlier writ petition.

8.

Given the judgment of this Court in CWP No. 2695 of 2018 and reasoning stated therein, the present writ petition is allowed and third respondent

i.e. Registrar, Himachal Pradesh Para Veterinary Council is directed to consider the registration of the names of the petitioners with Himachal

Pradesh Para Veterinary Council and also to take further steps, as may be necessary.

The writ petition is, accordingly, allowed. All pending applications, if any, stand closed.