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2023 Supreme(HP) 191

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Batt Educational Society – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aman Parth Sharma.
For the Respondents: Mr. Anup Rattan, A.G. with Mr. Y.W. Chauhan, Sr. Addl. A.G., Mr. J.S. Guleria, Dy. A.G. and Mr. Rajat Chauhan, Law Officer.

JUDGMENT :

Tarlok Singh Chauhan, J.

The instant petition has been filed for the grant of following substantive reliefs:-

    i. That Clause 3 of the Rules of 2011 and any SoP thereto, may kindly declared as Ultra vires to the Parent Act, 2010 and further, direct respondent No. 3 to consider the case of the petitioner for opening of the Para Veterinary Institution, in accordance with provision of Section 19, without any requirement of essentiality certificate, within time bound manner and also office order dated 05.05.2022 and 18.10.2022 may kindly be quashed and set aside, in the interest of justice and fair play or in alternative

ii. Office order/letter dated 05.05.2022 and 18.10.2022 may kindly be quashed and set-aside and respondent may kindly be directed to consider the case of the petitioner as per the provision of Act, Rules and SoP governing the field in time bound manner, in the interest of justice and fair play.

2. The petitioner-Society applied for essentiality certificate for opening of Para Veterinary Institute with intake of 100 seats on 10.10.2022. However, the said application was rejected vide order dated 18.10.2022 on the basis of the instructions dated 05.05.2022.

3. Accord

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