MAHESH CHANDER AND OTHERS v. THE STATE OF HP AND ANOTHER
CWP/10104/2025 · 2025-08-01
Jyotsna Rewal Dua
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18068 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18068 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 10104/2025
Decided on: 01.08.2025 Mahesh Chander & Ors. …Petitioners
Versus
State of H.P. & Anr. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioners: Mr. Rupesh Kumar, Advocate. For the respondents: Mr. Sikander Bhushan, Deputy
Advocate General. Jyotsna Rewal Dua, J
Following order was passed in the matter on 24.06.2025 permitting the petitioners to provisionally participate in the counselling scheduled for 26.06.2025 for the post of Veterinary Pharmacist with further direction that their result will not be declared without leave of the Court: -
“CWP-10104 of 2025 Notice. Mr. Rajat Choudhary, Assistant Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file reply. Be filed within four weeks. List on 22.07.2025. CMP-14115 of 2025
Heard. 1 Whether reporters of the local papers may be allowed to see the judgment? yes
2
The case set-up by the petitioners is that they were initially appointed during the years 2010-12 as Gram Panchayat Veterinary Assistant. On 14.10.2022, the respondent-Department sought requisition for appointing 66 Gram Panchayat Veterinary Assistants as Veterinary Pharmacists, belonging to the batch 2010-12. Counselling was scheduled for the said purpose on
27.10.2022. The petitioners belong to this very batch, but they were left out from consideration. The petitioners represented to the respondents on 17.10.2022, but no action was taken on their representation by the respondents. Petitioners’ immediate grievance is that on 18.06.2025, the respondents have once again initiated the counselling process for appointing 66 Gram Panchayat Veterinary Assistants as Veterinary Pharmacists. The counselling is stated to be scheduled for the said purpose on 26.06.2025, but the names of the petitioners have again been left out from the purview. In view of the case projected by the petitioner, this application is disposed of directing the respondents to let the petitioners participate provisionally in the counselling scheduled for 26.06.2025 for the post of Veterinary Pharmacist. The result of the petitioners, however, shall not be declared without leave of the Court. CMP-14116 of 2025 & CMP-14118 of 2025
The applications are disposed of with a direction to the applicant/petitioner to file English translation of the annexure in issue within a period of four weeks from today.”
2.
Learned Deputy Advocate General has placed on record office instructions dated 28.07.2025 from the Director, Animal Husbandry, Himachal Pradesh, Shimla, which read as under: -
“I have the honour to invite a reference to the order dated 25.07.2025 passed by the Hon'ble Court in the above tilted case. In this connection it is submitted that the Government letter dated 13.05.2025 (copy enclosed) has conveyed the approval to
3 upgrading 66 number of MMAPY dispensaries into regular dispensaries with simultaneously converting 66 posts of Gram Panchayat Veterinary Assistants to Veterinary Pharmacists subject the condition that these posts will be subsumed against future vacancies to be available for batch wise recruitment. The Government has further conveyed that these 66 Gram Panchayat Veterinary Assistants are to be appointed as Trainee Veterinary Pharmacists. The Government has given the approval of these 66 Gram Panchayat Veterinary Assistants to be appointed as Trainee Veterinary Pharmacists after obtaining the approval of Council of Ministers (CMM). In the present case, the petitioners in the above said writ petition namely Mahesh Chander, Arjun Singh, Rakesh Kumar and Rahul as per the directions passed by the Hon'ble High Court of H.P. on 24.06.2025 have been allowed to participate provisionally in the counseling held on 26.06.2025 alongwith the 66 Gram Panchayat Veterinary Assistants. The case of the present petitioners alongwith nine left out Gram Panchayat Veterinary Assistants of the batch of 2010-12 total-13) have been taken up with the Government vide letter dated 05.07.2025 for appointment of these left out GPVAs as Trainee Veterinary Pharmacists on the analogy of 66 Gram Panchayat Veterinary Assistants supra. The present petitioners similar to 66 Gram Panchayat Veterinary Assistants supra will be appointed as Trainee Veterinary Pharmacist after obtaining the approval from the Council of Ministers (CMM) subject to the fulfilling of all codal formalities. The Hon'ble High Court may kindly be apprised accordingly, please.”
3. Learned Deputy Advocate General on the basis of above instructions submitted that the respondents, would treat the participation of the petitioners not as provisional, but in their own substantive right.
That petitioners similar to 66 Gram Panchayat
4 Veterinary Assistants as elaborated in the office instructions would be appointed as Trainee Veterinary Pharmacist after obtaining approval from Council of Ministers subject to fulfilling of all codal formalities. 4. Learned counsel for the petitioners submitted that the above office instructions redress the grievances of the petitioners at this stage, therefore, present proceedings be closed, however, liberty be granted to the petitioners to seek appropriate remedy, in accordance with law, at an appropriate stage, in case, necessity so arises. 5. Granting such permission and taking note of the above office instructions, the present petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 1st August, 2025(rohit)