SHER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Both these writ petitions (W.P. No. 664 of 1998 and 730 of 1998) are being disposed of by a common judgment as these involve identical questions of law and fact. In W.P. No. 664 of 1998, there are sixty-two Petitioners whereas in W.P. No. 730 of 98, there are fifty-five Petitioners. They are aggrieved by , the letter dated 21.9.1998 (Annexure P-12) whereby the Government has given its approval to the proposal of the Director, Animal Husbandry, inter alia, that Gopal Sahayaks who are desirous of completing the training of Veterinary Pharmacists be allowed to join the training which is compressed to nine months from its usual duration of two years. It is further decided that each trainee will get stipend of Rs. 250/- per month during the period of training. The Petitioners claim that they are similarly situated as Gopal Sahayaks, having been trained under another Scheme with regard to the training in Dairying and Animal Husbandry but they have been discriminated against by not sending them for training of Veterinary Pharmacists like Gopal Sahayaks. Hence, the action of the Government in sending only Gopal Sahayaks for the training of Veterinary Pharmacists is arbitrary, unjust, unreasonable and offends Article 14 of the Constitution of India.

(2.) The Petitioners have, inter alia, prayed for the following reliefs.

(3.) It is not in dispute that the Government had framed a Scheme with regard to training of Rural Educated Unemployed youths in Dairying and Animal Husbandry (hereinafter called the 'Scheme with regard to training in Dairying and Animal Husbandry') in the year 1981 and large number of rural, educated, unemployed youths, including the Petitioners, have been trained under this scheme in different batches till the year 1996. The first batch under this Scheme passed out in July 1981 and the 18th batch in the year 1996. In the year 1993, another scheme known as Gopal Sahayak Yojna was framed under which also a large number of rural educated unemployed youths were given training in the year 1993. As per the allegations made in the writ petition, the scheme with regard to training in Dairying and Animal Husbandry was prepared during the Congress Government in the year 1981 whereas the Gopal Sahayak Yojna was framed by the B.J.P. Government in the year 1993. After coming into power of the B.J.P. Government in the year 1998, the Hon'ble Chief Minister made a statement in the Assembly on 3.7.1998 that the Gopal Sahayaks who were trained in the year 1992-93 for six months and who have not been absorbed till date would be given training of Veterinary Pharmacists and thereafter, they would be absorbed. In order to give effect to the declaration made by the Hon'ble Chief Minister, notice of training of Veterinary Pharmacists for Gopal Sahayaks was published in the newspapers on 3.8.1998 (Annexure P-8) whereby Gopal Sahayaks were directed to contact the office of Assistant Director, Animal Husbandry before 10.8.1998 for the training of Veterinary Pharmacists with all their certificates. When the Petitioners came to know about the said notice, they submitted representations (Annexure P-9) to the Hon'ble Chief Minister and also to the Minister of Animal Husbandry concerned that their cases may also be considered for imparting training of Veterinary Pharmacists as they are also trained in dairying and animal husbandry for a period of six months like the Gopal Sahayaks. However, they were told by the Respondents that their cases could not be considered as the Government has taken a decision with regard to Gopal Sahayaks only as per the statement made by the Hon'ble Chief Minister wherein nothing has been said about those candidates who have been trained under the scheme with regard to training in Dairying and Animal Husbandry. Despite this, some of the Petitioners made applications for being considered as candidates for training as Veterinary Pharamacists and one of them, namely, Suresh Kumar, has received reply to his application (Annexure P-10) from the Assistant Director, Mandi District Mandi, that training as per the decision of the Government is only for the trained Gopal Sahayaks. The candidates trained in respect of Dairy are not eligible for this. Only those Gopal Sahayaks who have obtained training for 6 months in the year 1992-93 are eligible for this training...". Thereafter, on 9.9.1998, a cabinet decision was taken to impart training of Veterinary Pharmacists to 383 Gopal Sahayaks as per the news cutting (Annexure P-11) published in the Tribune on 10.9.1998. Consequent to the said decision, the impugned letter dated 21.9.1998 (Annexure P-12) was sent to the Director of Animal Husbandry by the Financial Commissioner-cum-Secretary ((AH) to the Government of H.P. As per this letter, the proposal of the Director of Animal Husbandry was approved in the following manner: