The Himachal Pradesh High Court recently dismissed a petition challenging the state’s policy prohibiting the establishment of new Veterinary Pharmacist Institutes.
A division bench comprising of Justice Tarlok Singh Chauhan and Justice Mr. Justice Virender Singh was hearing a petition filed by the Batt Educational Society.
The petitioner claimed that he had submitted an application for an essentiality certificate for the creation of a 100-seat Para Veterinary Institute, but that it had been denied due to the disputed instructions from May 5, 2022.
The respondents’ (the State) action, according to the petitioner, was extremely arbitrary, unlawful, and unnecessary, since the so-called executive orders dated 05.05.2022 cannot supersede the provisions of the H.P. Para Veterinary Council Act, 2010 and the Regulations adopted thereunder.
The petition also asked the respondents to assess the case for the opening of the Para Veterinary Institute in line with Section 19 of the H.P. Para Veterinary Council Act 2010, without the need for an essentiality certificate, and to do so within a reasonable time frame.
After reviewing the record, the bench concluded that the impugned instructions only communicate the Government’s policy decision, in which it was decided not to grant permission to the Veterinary Pharmacist Institutes in order to bring uniformity and curtail the mushroom growth of Veterinary Pharmacist Institutes, as it leaves no future employment opportunities for diploma holders.
The division bench further stated that while the state has adopted the Veterinary Council Act, 2010 and the Regulations, this does not imply that the State Government is required or bound to admit students to the course just because the Act and Rules are in existence.
As a result, the bench ruled that the petition was misconceived and accordingly dismissed the petition.
