JUDGMENT :

JYOTSNA REWAL DUA, J.

1. On 26.06.2023, the respondent-State notified a policy concerning running of Veterinary Pharmacist Training Course through private training institutes. Following decisions taken by the State were notified in this policy:

“(i) No new Private Institution will be allowed to run Veterinary Pharmacist Training Course.

(ii) Seats of Veterinary Pharmacist Training Course in the already running Private Institutions will be restricted to 40 Seats + 05 (12%) seats for in service Departmental candidates from the academic session of 2023-25.

(iii) Private Veterinary Pharmacist Training Institutes will not change the fee structure compared to academic session 2022-24. Private Institutes shall display the fee structure on the notice board at all times and on the prospectus.

(iv) Entry level qualification of 10+2 Medical (Physics, Chemistry & Biology) will be made compulsory and admission will be based on merit with minimum 55% qualifying marks in 10+2 in the Medical Examination. The Recruitment and Promotion Rules of post will also be suitably amended as far as qualification is concerned. It is, however, made clear that the candidates who have Veterinary Pharmacist Training Course OR are undergoing Veterinary Pharmacist Training before the notification of this Policy shall also be eligible to apply for the post of Veterinary Pharmacist or its equivalent as notified by the Animal Husbandry Department.

(iv) Private Training Institutes shall be inspected on quarterly basis by the H.P. State Veterinary Council or an officer nominated by it in association with the Director, Animal Husbandry, who will not be below the rank of Deputy Director (AH/B). In case of short comings allotted (40) seats may be reduced or permission may be withdrawn by the HP State Para-Veterinary Council as the case may be after giving due opportunity of being heard to the Inspected Institute.

(v) Candidates undergoing Veterinary Pharmacist Training shall undergo minimum six months of mandatory practical training as provided in the approved syllabus for the purpose. The training will be undertaken in a Government Animal Husbandry Departmental Hospital/Farm. A nominal fee, to be decided by H.P. State Para-Veterinary Council, will be charged from trainees, which will be deposited in Pashu Rogi Kalyan Samitis, constituted at the District level.”

Petitioner, a private training institute running Veterinary Pharmacist Course, has challenged decision number (ii) whereby seats of Veterinary Pharmacist Training Course in the already running private institutions have been restricted to 45 in all. The prayer clause of the petition is as under:

“(a) To issue a writ of certiorari to quash the notification dated 26.06.2023 (Annexure P-15) pursuant to which the petitioner Institute has been permitted to ill 40+5 seats in veterinary pharmacists course for the Session 2023-25 batch 2023-2025 in relation to veterinary pharmacists 2 years Diploma Course.

(b) To issue writ or order directing the respondent to allow the petitioner Institute to fill 100 seats for the academic year 2023-2025 in relation to Veterinary Pharmacists 2 years Diploma......”

2. Facts about commencement of Veterinary Pharmacist Training Course in the petitioner institute and its permitted student strength:

(i) Sessions 2017-2019, 2018-2020, 2019-2021.

(i)(a) The petitioner set up an institute and applied to the government to run Veterinary Pharmacist two years training course for Session 2017-2019. It also sought issuance of mandatorily required Essentiality Certificate to impart such training course for the years 2017-2019. The State did not respond. Hence the petitioner instituted CWP No. 1591 of 2017. This petition was disposed of on 02.05.2018 with direction to the State to conduct inspection of the petitioner institute in accordance with law and thereafter to take appropriate decision. The operative portion of the judgment goes as under:

“4. In view of above, as mutually agreed, this petition is