JUDGMENT : By way of this petition, the petitioners have prayed for the following reliefs:- “i. the writ in the nature of Certiorari may kindly be issued an quashed the notification dated April 5th 2022, Annexure P-2, which has been issued against the rules. ii. That the respondents may be directed to consider the petitioners who are also of the batch of 2010-2012 on merit basis with the candidates of 2011-2012 merit list of whose already prepared by the respondents.” 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. 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. 4. During the course of arguments, learned Senior Counsel appearing for the petitioner, by referring to the R&P Rules, which are in vogue as of now, i.e. Himachal Pradesh Animal Husbandry Department, Veterinary Pharmacists, Class-III, (non-gazetted) Recruitment & Promotion rules, 2018, notified vide notification dated 21.12.2018, appended with the reply of respondent No.1 as Annexure R-1, argued that a perusal of Clause 10 of the said Rules demonstrates that 44% posts of Veterinary Pharmacist are to be filled in by direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants on regular basis or by recruitment on contract basis, as the case may be. She has argued that this Clause consists of two parts. According to her, the first part is that 44% of the posts are to be filled in by direct recruitment on batch-wise basis from amongst Veterinary Assistants on regular basis and the second part is that “or by recruitment on contract basis” and this recruitment on contract basis according to her has to be made on batch-wise basis, not from amongst Panchayat Veterinary Assistants, but from amongst candidates like the petitioners. Learned Senior Counsel has based her case on this sole argument. 5. Learned Senior Counsel has based her case on this sole argument. 5. On the other hand, the petition has been resisted by the respondents, inter alia, on the ground that provisions of the R&P Rules are being totally misread by the petitioners. Learned Additional Advocate General has submitted that Clause 10 of the 2018 Rules demonstrates that there are three modes mentioned therein of making recruitment to the post of Veterinary Pharmacist. Mode-A is ‘by way of direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants on regular basis or by recruitment on contract basis, as the case may be, to the extent of 44%’, Mode-B is ‘by way of direct recruitment through the concerned Recruiting Agency on regular basis or by recruitment on contract basis, as the case may be, to the extent of 44%’ and Mode-C is ‘by way of promotion by way of 12%, failing which by way of direct recruitment through the concerned Recruiting Agency on regular or contract basis’. He submitted that sub-clause (i) of Clause 10 cannot be segregated and read as the learned Senior Counsel for the petitioners has argued and harmonious interpretation of this sub-clause is that though 44% of the posts of Veterinary Pharmacist are to be filled in by way of direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants, but this recruitment can be either on regular basis or on contract basis, as the case may be. Accordingly, he prayed that the present petition be dismissed. 6. I have heard learned Counsel for the parties and have also gone through the pleadings as well as the documents on record. 7. The factum of the petitioners being eligible for recruitment against the posts on the strength of the qualification possessed by them is not an issue of contention and therefore, this Court is not dwelling upon the same. Annexure P-2 is the notification, in terms whereof, the process of recruitment has been initiated by the respondent-Department. This annexure is dated 05.04.2022 and its subject is ‘regarding filling up of 221 posts of Veterinary Pharmacist on contract basis on batch-wise merit wise basis from GPVAs. Annexure P-2 is the notification, in terms whereof, the process of recruitment has been initiated by the respondent-Department. This annexure is dated 05.04.2022 and its subject is ‘regarding filling up of 221 posts of Veterinary Pharmacist on contract basis on batch-wise merit wise basis from GPVAs. The text of the Annexure reads as under:- ““It is to inform you that as per sanction received from the Government, department is going to fill up 221 post of Veterinary Pharmacist (on contract) on batch wife merit wise basis from amongst the GPVAs as per R&P Rules from the post of Veterinary Pharmacist and Departmental Roster of Veterinary Pharmacist. Counseling for this purpose has been scheduled to be held on 19th, 20th, and 21st April, 2022 at Directorate of Animal Husbandry, Himachal Pradesh, Shimla from 10:30 A.M. onwards every day as per schedule attached. In this context, merit list of eligible GPVAs, cut of marks list, application form and other documents required to be submitted by the GPVAs appearing for counseling are also enclosed herewith. You are directed to inform GPVAs working under your control, whose name is included in the merit list, for appearing in the counseling on scheduled date at directorate along with all the requisite documents. GPVAs except those belonging to Ex-servicemen and sportsperson may be directed to attend the counseling as separate date for holding counseling of Ex-servicemen and sportsperson category will be communicated later on. The above detail is also available at Departmental website (http://hpagrisnet.gov.in).” 8. A perusal of this communication demonstrates that Director of Animal Husbandry, to the Government of Himachal Pradesh has sent a communication to all the Head of Offices, Animal Husbandry Department that Government has sanctioned filling up of 221 posts of Veterinary Pharmacist on contract basis on batch-wise merit wise basis from amongst GPVAs, as per the R&P Rules for the post of Veterinary Pharmacist and departmental roaster of Veterinary Pharmacist. Thereafter, the dates of counseling have been mentioned therein and the officers have been directed to submit merit list of eligible GPVAs alongwith other documents required, so that eligible candidates can be invited for counseling. 9. There are on record the 2011 R&P Rules for the post in issue and Clause 10 whereof reads as under:- “10. Thereafter, the dates of counseling have been mentioned therein and the officers have been directed to submit merit list of eligible GPVAs alongwith other documents required, so that eligible candidates can be invited for counseling. 9. There are on record the 2011 R&P Rules for the post in issue and Clause 10 whereof reads as under:- “10. Method of recruitment whether by direct recruitment or by promotion, deputation, transfer an the percentage of posts is to be filled in by various methods.- (i) 88% by direct recruitment on a regular basis from amongst Panchayat Veterinary Sahayak or by recruitment on contract basis, from amongst the Panchayat Veterinary Sahayak as the case be. (ii) 12% by promotion failing which by direct recruitment on a regular basis or by recruitment on contract basis from amongst Panchayat Veterinary Sahayak as the case may be.” In terms of sub-clause (i) of Clause 10 (supra), 88% posts of Veterinary Pharmacist were to be filled in by way of direct recruitment on regular basis from amongst Panchayat Veterinary Sahayak or by recruitment on contract basis from amongst Panchayat Veterinary Sahayak, as the case may be. 10. These Rules have been repealed and the 2018 Rules have been brought into force w.e.f. 21.12.2018. Clause 10 of 2018 Rules, which now governs appointment to the post of Veterinary Pharmacist read as under:- “10. Method(s) of recruitment- whether by direct recruitment or by promotion/ secondment/transfer and the percentage of post(s) to be filled in by various method—(i) 44% by direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants on a regular basis or by recruitment on contract basis, as the case may be; (ii) 44% by direct recruitment through the concerned recruiting agency i.e. Himachal Pradesh Staff Selection Commission, Hamirpur, on a regular basis or by recruitment on contract basis, as the case may be; and (iii) 12% by promotion failing which by direct recruitment through the concerned recruiting agency i.e. Himachal Pradesh Staff Selection Commission, Hamirpur, on a regular basis or by recruitment on contract basis, as the case may be.” 11. A perusal of sub-clause (i) of Clause 10 of 2018 Rules demonstrates that in terms thereof 44% of the posts of Veterinary Pharmacist are to be filled in by way of direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants on regular basis or by recruitment on contract basis, as the case may be. A perusal of sub-clause (i) of Clause 10 of 2018 Rules demonstrates that in terms thereof 44% of the posts of Veterinary Pharmacist are to be filled in by way of direct recruitment on batch-wise basis from amongst Panchayat Veterinary Assistants on regular basis or by recruitment on contract basis, as the case may be. 12. This Court is of the considered view that the interpretation of the learned Senior Counsel for the petitioners that this particular sub-clause has to be segregated into two parts and it has to be read that if direct recruitment on batch-wise basis is being offered on regular basis, then the same has to be from amongst Panchayat Veterinary Assistants and if the recruitment on batch-wise basis is intended on contract basis, then the same has to be from the open market is incorrect interpretation. The Court does not concurs with the argument or the interpretation in this regard, as has been made in the Court by the learned Senior Counsel for the petitioners. 13. In fact, a perusal of Clause 10 of the R&P Rules as argued by the learned Additional Advocate General demonstrates that there are three sources of recruitment. The first source is ‘Panchayat Veterinary Assistants’, the second source is ‘open market’ and the third source is ‘feeder cadre’, from which recruitment has to be made by way of promotion. 14. As far as the first category of ‘Panchayat Veterinary Assistant’ is concerned, in terms of Clause 10 (i), 44% of the posts of Veterinary Assistants are to be filled in from amongst Panchayat Veterinary Assistants on batch-wise basis by way of direct recruitment. The recruitment can either be on regular basis or on contract basis. Any other interpretation given to this sub-clause would do both injustice and violence to the provisions of this particular sub-clause. The petitioners are not eligible to participate in the process of batch-wise recruitment, for the reason that they are not serving as Panchayat Veterinary Assistants. They have a right of consideration, if eligible under Clause 10 (ii), but not under Clause 10(i), because this particular Clause is restricted for recruitment only from the feeder category of Panchayat Veterinary Assistants. 15. The petitioners are not eligible to participate in the process of batch-wise recruitment, for the reason that they are not serving as Panchayat Veterinary Assistants. They have a right of consideration, if eligible under Clause 10 (ii), but not under Clause 10(i), because this particular Clause is restricted for recruitment only from the feeder category of Panchayat Veterinary Assistants. 15. In this view of the matter, this Court does not finds any infirmity in the issuance of Annexure P-2, in terms whereof, the respondent-Department is making appointments to the filling up of 221 posts of Veterinary Pharmacist on contract basis by way of batch-wise merit wise recruitment from amongst GPVAs, as per R&P Rules, for the post of Veterinary Pharmacist. 16. In view of the above discussion, as this Court does not finds any merit in the present petition, the same is dismissed, so also the pending miscellaneous applications, if any.