RAHUL Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for the following reliefs:-

(2.) The case of the petitioners is that they completed two years course of Veterinary Pharmacist from Manav Bharti University after completing their 10+2 in the year 2010-12. Said University had filed CWP No.5701 of 2010, before this Court to register its students with Himachal Pradesh Para Medical Council and to consider them for the purpose of employment. The petitioners had also filed a writ petition in this Court, praying that respondent No.1 be directed to consider the diploma obtained in Veterinary Pharmacy awarded by Manav Bharti University to be valid for all intents and purposes. It is further the contention of the petitioners that their prayer was granted favourably by the Court and direction was issued to the Himachal Pradesh Para Medical Council to register the names of the petitioners in the register maintained by it. It is further the case of the petitioners that the respondents are making appointments on batch-wise basis against the posts of Veterinary Pharmacist, but only from amongst Gram Panchayat Veterinary Assistants, who are already working with the respondents under the 'Mukya Mantry Pashudhan Yonja'. A copy of the notification, in terms thereof the recruitment is made, has been appended with the petition as Annexure P-2. The contention of the petitioners is that as per the Recruitment and Promotion (R&P) Rules, framed by the respondent/State for making appointments against the post of Veterinary Pharmacist, which is a Class-III Post, 44% of vacancies are to be filled in by way of direct recruitment on batch-wise basis from amongst the PV Assistants on regular basis or by recruitment on contract basis as the case may be. Remaining 44% of vacancies are to be filled in by way of direct recruitment, may be through the concerned recruiting agency, i.e. Himachal Pradesh Staff Selection Board, Hamirpur, on regular basis or by recruitment on contract basis, as the case may be and 12% by way of promotions. In terms of the amended Rules, the selection by batch-wise on contract basis is to be done by respondent No.2 by way of an advertisement in at least two leading newspapers after inviting applications from the eligible candidates. However, the respondents have neither advertised the posts in leading newspapers nor invited applications from eligible candidates like the petitioners and have initiated the process for selection of Veterinary Pharmacist from amongst Gram Panchayat Veterinary Assistants, which is bad in law.

(3.) Learned Senior Counsel appearing for the petitioners has argued that the notification for appointment of 221 posts of Gram Panchayat Veterinary Assistants on contract basis could not have been issued by the respondents without following the R&P Rules as the same is arbitrary and illegal and amounts to giving undue benefit to back-door entry and further amounts to 100% reservation. It is in this backdrop, that the petition has been filed.