IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14349 of 2024 Decided on: 17.03.2026 ------------------------------------------------------------------------------------- Arun Kumar and Ors …..Petitioners Versus State of H.P. & Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioners: Mr. Mohan Sharma, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No. 1 and 2. Mr. Janesh Mahajan, Advocate, for respondent No.3. None for respondent No.4 ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Following order passed in the matter on 23.02.2026 takes into account the entire grievance of the petitioners in relation to relaxation of 5% marks in the minimum qualification criteria being denied by respondent No.3 to the petitioners on the ground that the aforesaid 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 relaxation is not admissible to the candidates belonging to OBC Category: - “CMP No. 31520/2025 Heard. Application is allowed and the documents appended therewith are taken on record. Application to stand disposed of. CWP No. 14349/2024 2. The gist of petitioners’ grievance has already been noticed in the order dated 13.01.2025, pursuant to which the petitioners are presently undergoing the two-year Veterinary Pharmacist training course. The petitioners belong to the OBC category. According to respondent No. 3-University, they do not satisfy the eligibility norms, i.e., 55% marks in the entry- level qualification (10+2). According to the petitioners, they are entitled to relaxation of 5% marks in the minimum qualification criteria. 3. The stand of the respondent-University is that 5% relaxation is admissible only to candidates belonging to the SC/ST categories in view of letter dated 01.10.2024 (Annexure P-8). The applicability of relaxation of 5% in the minimum qualifying marks to the OBC category candidates, is the issue involved in the present writ petition. The petitioners have also placed on record a press release dated 05.11.2024 (Annexure P-10) issued by Himachal Pradesh University granting exemption in the qualifying marks to SC/ST/OBC/PWD categories. 4. The letter relied upon by the respondent-University for opposing the case of the petitioners was issued by the State, which has, till date, not filed its reply. In view of the nature of the controversy, let the reply by respondents No.1 & 2 be filed within two weeks. Reply on behalf of respondent No.3 is stated to have been filed, however, the same is not on record. Learned counsel for the said respondent to follow up the matter with the Registry to ensure that the objections, if any, are removed in the reply, so that the same reaches the Court file. List on 17.03.2026. CMP No. 8761/2025 3 Disposed of as not pressed at this stage.” 2. Pursuant to the directions issued in the aforesaid order, learned Additional Advocate General has placed on record office instructions dated 17.03.2026 from the Director, Animal Husbandy, Himachal Pradesh, conveying that “the matter regarding applicability of relaxation of 5% in the minimum qualifying marks to the OBC category candidates has been reconsidered at Government level and it has been decided that the 'other categories as mentioned in letter dated 12.06.2024 (Annexure P-7) may be read as 'OBC/PwD Categories”. Alongwith the office instructions, an order dated 16.03.2026, issued by the Secretary (AH) to the Government of Himachal Pradesh, has also been appended. Being relevant, same is reproduced hereinafter: - “GOVERNMENT OF HIMACHAL PRADESH DEPARTMENT OF ANIMAL HUSBANDRY "ORDER" No. AHY-E(3)87/2024 Shimla, the 16.03.2026 WHEREAS, the Government of Himachal Pradesh vide Notification No. AHY-B(12)-2/2021, dated 26.06.2023, Policy/Guidelines for Veterinary Pharmacist Training Course through Private Training Institutes was notified, wherein number of seats for each Private Training Institutes were restricted to 40 seats. WHEREAS, vide letter No. AHY-B(12)-2/2021, dated 12.06.2024, clarification was issued that relaxation of 5% marks will be admissible to the students of "SC/ST and 4 other categories" for admission in two years Veterinary Pharmacist Training Course. WHEREAS, vide letter No. AHY-B(12)-2/2021, dated 01.10.2024, it was clarified that relaxation of 5% marks will be admissible to the students of "SC/ST category" only. WHEREAS, relaxation of 5% marks was receiving attention of the Government for some time past. After reviewing/reconsidering the issue on the analogy of the Himachal Pradesh University, Summer Hill, Shimla-5, the clarification dated 01.10.2024 are hereby withdrawn and it is further clarified that the 'other categories' as mentioned in letter dated 12.06.2024 may be read as 'OBC/PwD categories' By Order Secretary (AH) to the Govt. of Himachal Pradesh Endst. No. as above Shimla, the 16.03.2026. Copy is forwarded to the Director, Animal Husbandry Department, Shimla-5, for information and further necessary action. Sd/- Under Secretary (AH) to the Govt. of Himachal Pradesh.” 3. The entire edifice of respondent No.3- Chauydhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur in not relaxing 5% marks in the minimum qualification criteria in favour of the petitioners who had claimed such relaxation being OBC Category candidates, was based upon a letter dated 01.10.2024 issued by the State of Himachal Pradesh. In terms of order dated 16.03.2026, now placed on record, the aforesaid letter dated 01.10.2024 has been withdrawn. It has further 5 been clarified by the State that ‘other Categories’ mentioned in the letter dated 12.06.2024 be read as ‘OBC/PwD Categories’. 4. Learned counsel for the petitioners submits that the office instructions and the order dated 16.03.2026 appended therewith have though vindicated petitioners’ stand and redressed their grievances, but necessary action by passing appropriate order(s) based thereupon is required to be taken by respondent No.3. Learned counsel for respondent No.3 assures for taking necessary action in the matter in view of the office instructions dated 17.03.2026, issued by the Director, Animal Husbandry, Himachal Pradesh as also the order dated 16.03.2026, issued by the Secretary (AH) to the Government of Himachal Pradesh by passing necessary order in the respective cases of the petitioners within two weeks from today. Taking note of above developments and the stand taken by the respondents, this writ petition is disposed of with direction to respondent No.3 to issue necessary and consequent order based upon above documents, in respective cases of the petitioners within two weeks from today. 6 Pending miscellaneous application(s), if any, also to stand disposed of. Jyotsna Rewal Dua March 17, 2026 Judge R.Atal