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Himachal Pradesh High Court · body

2018 DIGILAW 2017 (HP)

Thakur Collage of Education v. State of H. P.

2018-11-20

AJAY MOHAN GOEL, SURYA KANT

body2018
JUDGMENT : SURYA KANT, J. 1. The petitioner is a college of education and its seeks direction to the respondents, including the State of Himachal Pradesh, Para Veterinary Council and Himachal Pradesh Krishi Vishav Vidyalya to issue Essentiality Certificate to run the course of Veterinary Pharmacist for Session 2018-2020. 2. It is not necessary to mention the facts in detail. Suffice to say that the petitioner is an Educational Society registered under the Societies Registration Act, 1860. It has set up an institute and applied to the respondents for permission to run the course of Veterinary Pharmacist in the year 2016. As the permission was not accorded, the petitioner approached this Court and in pending writ petition, i.e. CWP No.1591 of 2017, titled Thakur College of Education vs. State of H.P. an agreed order was passed on 02.05.2018, whereby the respondents were required to take a final decision as per the law, on completion of all formalities. 3. Respondents No.1 to 3 in para-2 of the written statement have candidly acknowledged the fact that pursuant to the above stated order, a Committee was constituted to inspect the premises of institute of the petitioner and as per the report submitted by the Committee, the petitioner has got adequate faculty, infrastructure and laboratory facilities alongwith Hospital-cum-A.I. facility, Animal Shed and animals for training of 100 students to begin with. In para-5 of the reply, it is further averred that the matter was put up before the Council of Minister on 24.08.2018, where they resolved as follows: “Not approved as there are adequate number of seats already available in the State for this course and there is no further scope of employment.” 4. It is reiterated in the written statement elaborately that as per the information collected from the Director of Animal Husbandry approximately 328 posts of Veterinary Pharmacist shall fall vacant up to 31st December, 2019, whereas 400 trained Veterinary Pharmacist will become available from the training institutions already imparting the said training course. It is further averred that if the essentiality certificate is given in favour of above mentioned training institutes, including the petitioner, “ the number of trained Veterinary Pharmacists will exceed the vacancy position in the department, which may lead to unemployment in this category in coming 3-4 years,……..”. 5. It is further averred that if the essentiality certificate is given in favour of above mentioned training institutes, including the petitioner, “ the number of trained Veterinary Pharmacists will exceed the vacancy position in the department, which may lead to unemployment in this category in coming 3-4 years,……..”. 5. We have heard learned counsel for the parties at a considerable length and on perusal of the record are of the view that the plea taken by the respondents is totally untenable. The State is under no obligation to provide public employment to the students to be admitted by the petitioner institute. The Essentiality Certificate to be issued by the State can always incorporate a condition expressly that each student to be admitted by the petitioner institute shall be informed in writing that the admission in the petitioner institute shall not be a valid ground to seek employment as a matter of right. 6. Otherwise also, assuming that there will be no public employment available in the State of Himachal Pradesh to the candidates who will pass out from the petitioner institute in the year 2020, it does not mean that they should not be admitted to the course, for such qualified candidates may seek employment outside the State of Himachal Pradesh or may join private employment/private practice etc. None of the Educational/Professional/Technical Courses in the country are run on the premise that there shall be a guarantee of public employment to qualified candidates. Similar principle will apply in the instant case also. 7. Since the petitioner institute admittedly possesses the requisite faculty, infrastructure and laboratory facilities alongwith Hospital-cum-A.I. facility, Animal Shed and animals for training of 100 students, we see no reason as to why it should not be given the Essentiality Certificate for granting admission for the session 2018-2020. 8. For the reasons aforesaid, the writ petition is allowed. The action of the respondents is set aside and the State of Himachal Pradesh is directed to issue Essentiality Certificate to the petitioner within ten days, subject to the condition, as may be imposed and as illustrated above. 8. For the reasons aforesaid, the writ petition is allowed. The action of the respondents is set aside and the State of Himachal Pradesh is directed to issue Essentiality Certificate to the petitioner within ten days, subject to the condition, as may be imposed and as illustrated above. Respondent No.5 shall grant affiliation within one week thereafter and the petitioner shall be permitted to admit the students in a transparent manner, strictly in order of merit in the presence of an Observer to be appointed by Himachal Pradesh Krishi Vishav Vidyalya at the expense of the petitioner within another week thereafter. 9. Pending application(s), if any, also stand disposed of.