Himachal Pradesh High Court
CWP/2843/2020 on 30 December 2020
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. : 2843 of 2020 Date of Decision: 30.12.2020 ______________________________________________________________________ Manoj Kumar and others .....Petitioners Vs. State of Himachal Pradesh and others. …..Respondents _____________________________________________________________________
Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice. The Hon'ble Mr. Justice Anoop Chitkara, Judge. Whether approved for reporting?1 For the petitioners: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Maan Singh, Advocate. For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Adarsh K. Sharma and Ms. Ritta Goswami, Additional Advocates General. Through Video Conferencing Anoop Chitkara, Judge Oral
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. 1Whether the reporters of the local papers may be allowed to see the Judgment?
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. ( L. Narayana Swamy ) Chief Justice
( Anoop Chitkara ) December 30, 2020
Judge ( mamta )