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High CourtsDivision Bench(2020) 07 SHI CK 0223

Thakur Pre-Examination Coaching-Cum-Training Institute (Society) vs State Of Himachal Pradesh And Another

High Court Of Himachal Pradesh · Decided on 13 July 2020

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2044 Of 2019

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Judgment

8 paragraphs · 472 words

L. Narayana Swamy, CJ

1.

By way of the instant writ petition, the petitioner has sought quashment of decision of the respondents (Annexure P­14) denying the renewal of Essentiality Certificate for the session 2020­2022, with a further directions to the respondents to issue renewal of Essentiality Certificate in favour of the petitioner for the said session with respect to two years' Veterinary Pharmacist Diploma Course.

2.

The case of the petitioner is that pursuant to the directions issued by this Court in an earlier writ petition (CWP No. 1591 of 2017), the inspection of the petitioner­Institute has already been conducted by the Competent Authority, which has submitted the inspection report in favour of the petitioner for the purpose of consideration of its case for issuance of Essentiality Certificate. Despite the report made in favour of the petitioner­Institute, the respondents had not issued Essentiality Certificate, constraining it to file CWP No. 2206 of 2018, whereby this Court directed the respondents to issue Essentiality Certificate in favour of the petitioner. Now, the petitioner­Institute has applied for issuance of renewal of Essentiality Certificate, which has been rejected by the respondents, giving rise to the instant writ petition.

3.

Learned Additional Advocate General appearing for the respondents submitted that there is no inspection report in favour of the petitioner­Institute, hence, the question of issuance of renewal of Essentiality Certificate does not arise. He further submitted that the detailed inspection of the petitioner­Institute is required to be carried out by the Director, Animal Husbandry with respect to the fulfillment of norms as per H.P. Para Veterinary Council Rules. Hence, he prayed for dismissal of the writ petition.

4.

We have heard learned counsel for both the parties.

5.

It is worthwhile to mention herein that the directions issued by this Court in earlier writ petition have been complied with by the respondents and the petitioner­ Institute has been inspected by the Competent Authority for the purpose of grant of Essentiality Certificate. Thereafter, the Essentiality Certificate was issued in favour of the petitioner­Institute on the basis of the inspection report submitted in its favour. When directions issued by this Court have been complied with by the respondents by inspecting the petitioner­Institute for the purpose of issuance of Essentiality Certificate, as per law, then the only option now available with the respondents is to consider the case of the petitioner­ Institute for issuance of renewal of Essentiality Certificate on the basis of inspection report already submitted.

6.

Having said so, we deem it appropriate to issue a direction to the respondents to consider the inspection report already submitted, for the purpose of issuance of renewal of Essentiality Certificate in favour of the petitioner, within a period of one week.

7.

With these directions, the writ petition is disposed of. Pending miscellaneous applications, if any, are also disposed of accordingly.