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2022 Supreme(Guj) 101

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Vinod M. Bhatt, General Secretary – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Asim Pandya, Senior Advocate with Mr. Alok Thakkar For San Associates Llp
For the Respondent: Mr. Devang Vyas

JUDGMENT :

Aravind Kumar, J.

1. The facts shorn off unnecessary details for consideration of this petition can be crystalised as under.

2. Petitioner is an Association said to have been incorporated for the welfare of its members, who are carrying on the business of manufacture of "pesticide formulation". A manufacturing license under Rule 9 of the Insecticides Rules, 1971 (for short, hereinafter referred to as "the Rules") made in accordance with the Insecticides Act, 1968 (for short, hereinafter referred to as "the Act") is required to be obtained for carrying on the business of manufacture of "pesticides formulation".

2.1 in this petition, challenge is laid to the validity of the Notification No.G.S.R.1229(E) dated 4.10.2017 issued by the Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Co-operation and Farmers Welfare) [Annexure-A] whereunder the educational qualification prescribed for issuance of license for manufacturing "technical grade pesticides" and "pesticide formulation" came to be substituted.

3. We have heard Mr. Asim Pandya, learned Senior Advo

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