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 Advocate assisted by Mr. Alok Thakkar for M/s San Associates Llp. appearing for the petitioners and Mr. Devang Vyas, learned Additional Solicitor General of India appearing for respondent Nos.1 and 2.

4. The contention of Mr. Asim Pandya, learned Senior Advocate, appearing for the petitioners is that Section 36 of the Act is violated namely, final notification dated 4.10.2017 is contrary to the draft notification; it is contended that Section 36 mandates compliance of two conditions namely, it prescribes for twin conditions being fulfilled for amendment to be brought to rules viz., (i) prior consultation with the Central Insecticides Board; and, (ii) previous publication of the proposed rule which is not fulfilled in the instant case; he would further submit that Masters Degree in Science with Chemistry or Agriculture Chemistry or Agriculture Chemicals or equivalent as one of the subjects was not proposed under the draft notification and only Graduate Degree in Agriculture or Science with Chemistry as one of the subjects had been proposed and educational qualification now prescribed under the impugned notification for the purpose of obtaining a license for manufacturing of "pesticide formulation" is contrary to draft notification; he would contend that process of "pesticide formulation" is to be carried out as per the directions and instructions prescribed by the Central Insecticides Board and the Registration Committee (CIB&RC) which is a statutory body consisting of experts who approve the registration of a technical grade and as such, prior consultation with the Board being mandatory, same was not done in the instant case; he would submit that while consulting the Board, draft notification was forwarded, it only indicates Graduate Degree in Agriculture or Science with Chemistry as qualification and it was never brought to the notice of the Board that Master Degree in Science with Chemistry or Agriculture Chemistry or Agriculture Chemicals or equivalent as one of the subjects was being prescribed for issuance of license to a manufacturer of "pesticide formulation" as has been done under the impugned notification; he would further contend that proviso cannot be invoked to contend that subsequent consultation having been done with Indian Council of Agricultural Research ("ICAR" for short); the affidavit filed by the Union of India does not disclose that recommendation of ICAR was placed before the Central Insecticides Board and the mandatory procedure prescribed under Section 36 has been violated; it is contended that for the purpose of manufacture of pesticide formulation, only basic knowledge of chemical compositions, shelf-life and efficacy of a chemical as well as chance of chemical reaction is sufficient and for the said purpose, a Bachelors Degree i