STATE OF HIMACHAL PRADESH Vs. PADAM DEVI

JUDGEMENT

(1.) THE question to be decided in both these appeals is whether the appellant could have, as a matter of policy, made available a facility for additional training exclusively for a particular group of trainees. THE question arises in the context of two schemes formulated by the appellant to tackle the problem of rural poverty and unemployment amongst the rural educated youth.

(2.) THE first scheme which was formulated in 1981 (referred to as the Dairy scheme) sought to provide for those who had tiny pieces of land in the rural areas and who moved to urban areas in search of jobs. THE State Government was of the view that there was a need to encourage such landed unemployed youths not to depend on cultivation or horticulture alone as these only provided seasonal income but to engage in dairy farming for which the State was both climatically and geographically well suited. In addition to easing the urban population, it was felt that the production of dairy products would not only meet the growing demand but would afford a steady income to the dairy farmers. In this background, the Dairy scheme made elaborate provisions for achieving these objects the relevant aspects of which are paraphrased and summarised below.

(3.) THE only eligibility criteria was that the training would be open to persons permanently residing in the "milk shed areas" in villages located within 5 to 10 kilometres radius of chilling plants or 5 kilometres radius from collection points of the milk route. THE candidates would have to possess one hectare irrigated or two hectare unirrigated land of which at least half an acre would have to be set apart for growing fodder. THE candidates were required to have passed the matriculation examination and should preferably be about 27 years of age and physically fit to handle cattle. Ex-servicemen were encouraged to join the scheme. On completion of the training, a candidate was obliged to : (i) give an undertaking that he would take up cattle rearing and that the training would not in any way entitle him to get any Government job; (ii) execute a bond to sell surplus milk to the Government run milk supply schemes for three years. 50% of the cost of the milk would be retained by the candidate and 50% would be taken up by the Government to repay the loan provided to the candidates by financial institutions.