Order on Board

27/07/2021

1. Aggrieved by the impugned order Annexure P-1 & P-2 dated 12.10.2020 and 03.12.2020 the present two writ petitions have been filed.

2. Vide the two impugned orders the respondents have decided not to grant permission to any departmental candidates for pursuing the B.V.Sc and AH Course. Since the pleadings made in the two writ petitions and the relief sought for in the two writ petitions and grounds of challenge and contentions on the part of the respondents all being identical the two writ petitions are being decided by this common judgment.

3. The facts relevant for adjudication of the present writ petition is that the two petitioners herein are working under the respondents as Assistant Veterinary Field Officer. Both the petitioners have completed five years of service. The two petitioners herein aspiring for admission to the B.V.Sc and AH degree Course sought permission of the department to appear in the NEET, 2020 Examination. The documents reveal that petitioners had moved an application as early as in March, 2020. The NEET Examinations, 2020 was conducted on 13.09.2020. Though, the petitioners had applied as early as in March, 2020 for permission for NEET Examination, the respondents did not either accept or reject the claim of the petitioner. In the absence of any permission from the department treating it to be a deemed permission, the petitioners participated in the said NEET. 2020 examination. Subsequently, when the results were published the petitioners were found meritorious for admission to the B.V.Sc and AH Course.

4. The rules governing the service conditions of the petitioners, i.e.

Chhattisgarh Veterinary (Gazetted) Recruitment Service Rules, 2011. The next promotion from the post of Assistant Veterinary Field Officer to the post of Veterinary Assistant Surgeon. The post of Veterinary Assistant Surgeon is to be filled up 92% by way of direct recruitment and 8% posts stands reserved to be filled up by way of promotion from the substantive member of service.

5. The feeder post for promotion to the post of Veterinary Assistant Surgeon is Assistant Veterinary Field Officer as would be evident from Schedule 4 of the aforementioned Rules of 2011. Apart from the experience of five years, the rules also prescribe that 8% posts reserved would be only from among those candidates who have passed the graduation in Veterinary Science as a departmental candidate. This in other words means a person who does not obtain the degree or graduation in Veterinary Science as a departmental candidate would not be entitled for promotion. Even if, he has graduation degree obtained on his own expense or even if it is obtained before coming into service under the respondents. He will not be entitled for promotion from among the 8% quota Since the time the Rules were framed, the department has been sending candidates working on the post of Assistant Veterinary Field Officer each year for pursuing the degree course of B.V.Sc & AH. However, only for the academic session 2020-21 the respondents have vide the impugned order Annexure P-1 & P-2 refused to grant permission to the petitioners for pursuing their B.V.Sc and AH degree Course.

6. It is this refusal to grant permission for the said degree course which is under challenge in the present writ petition and the core question to be considered by this Court is whether the decision of the respondents in passing the two impugned orders refusing to send in candidate for pursuing B.V.Sc and AH degree course is proper, legal and justified or not?

7. Contention of the petitioner in assailing the two orders is that the action on the part of the respondents amounts to discrimination with petitioners are concerned, for the simple reason that respondents have in the past permitted various candidates each year for pursuing the said course and there is no reason whatsoever for refusing to grant permission to the petitioners this year. It is only this year that respondents have refus