Uttarakhand High Court
S. P. Agro Seed vs State Of Uttarakhand And Others on 11 January, 2018
Author: Rajiv Sharma
Bench: Rajiv Sharma
Reserved Judgment
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No.2691 of 2014
Reserved on: 29.12.2017
Delivered on: 11.01.2018
S.P. Agro Seed ....... Petitioner
Versus
State of Uttarakhand and others ...... Respondents
Ms. Ananya Kar Sanghi, Advocate for the petitioner.
Mr. P.C. Bisht, Standing Counsel for the State..
Hon'ble Rajiv Sharma , J.
Petitioner unit was registered on 28.06.2011. The case of the petitioner, in a nutshell, is that subsidy as envisaged under the "Special Integrated Industrial Promotion Policy, 2008" for hilly & Remote Areas of Uttarakhand (hereinafter referred to as "The Policy of 2008" has not been sanctioned to it. According to Part-I of the Scheme notified on 15.10.2008, the Micro Small and Medium Enterprises would be the one which have been defined under Section 7 of the Micro Small and Medium Enterprises Association Act, 2006 (hereinafter referred to as the Act).
Petitioner submitted an application for grant of subsidy on 21.02.2012. The Ministry of Micro Small and Medium Enterprises has issued the notification bearing no.5(6)/2011-MSME POL on 10.03.2011 whereby, as per A(1), the Seed Processing Units (for genetic enhancement) alone are entitled to subsidy.
There is a prolonged correspondence between the petitioner and various departments of the State. The 2 matter was referred to the G.B. Pant University of Agriculture and Technology, to ascertain whether the petitioner's activities would fall within the ambit of Seed Processing (for Genetic Enhancement). Vide letter dated 06.05.2014, the University has intimated the Director of Industries (M.S.M.E.) that the activities involving collection of Germ plasm under the Seed Processing (for Genetic Enhancement) is undertaken only by public institutions of State Agricultural Universities/Universities and Centers of Government of India like National Bureau of Plant Genetic Resources and not by Seed Processing Industries. Thereafter, the meeting was held on 18.09.2014 and the petitioner was conveyed the decision on 26.09.2014. Petitioner has applied for subsidy on 21.02.2012 as the Seed Processing Unit.
It is nowhere mentioned in the application that the petitioner is capable of collecting Germ Plasm. The Seed Processing (for Genetic Enhancement) is only undertaken by the Agricultural Universities and National Bureau of Plant Genetic Resources. In the notification issued on 10.03.2011, there is a reference to Seed Processing (for Genetic Enhancement).
The scope of judicial review in technical matters is very limited. The matter has been got examined by the Director of Industries (M.S.M.E.) from the G.B. Pant University of Agriculture and Technology. The Intellectual Property Management Centre, Department of Genetics & Plant Breeding, G.B. Pant University of Agriculture & Technology has informed the Director Industries (MSME) on 6th May, 2014 that the activities involving collection of germ-plasm under the 3 Seed Processing (for Genetic Enhancement), is undertaken by public institutions of State Agricultural Universities/Universities and Govt. of India like National Bureau of Plant Genetic Resources and not by Seed Processing Industries.
Accordingly, there is no merit in this petition and the same is dismissed.
(Rajiv Sharma, J.) Rdang