Himachal Pradesh High Court
Sandeep Sharma vs . State Of Hp & Ors/ A/W Connected Matters on 16 May, 2025
Bench: Tarlok Singh Chauhan, Sushil Kukreja
Sandeep Sharma Vs. State of HP & Ors/ a/w connected matters CWPOA No.3117 of 2019 a/w CWPOA Nos.3120, 3121, 3169, 3177, 3198 of 2019 and CWPOA No.4816 of 2020 CWPOA No.3117 of 2019 16.05.2025 Present: Mr. C.N. Singh, Advocates, for the petitioner.
Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 &2-State. Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
CWPOA No. 3120 of 2019 Mr.C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 &2-State., for respondents No.1 & 2-State.
Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
Ms. Seema K. Guleria, Advocate, for respondent No.5.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.6.
CWPOA No. 3121 of 2019Mr.C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 & 2-State. Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
Ms. Seema K. Guleria, Advocate, for respondent No.6.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.7.
CWPOA No.3169 of 2019Mr.C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 &2-State.
-2-Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
Ms. Seema K. Guleria, Advocate, for respondent No.6.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.7.
CWPOA No. 3177 of 2019Mr.C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 & 2-State. Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
Ms. Seema K. Guleria, Advocate, for respondent No.6.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.7.
CWPOA No. 3198 of 2019Mr. C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 & 2-State. Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
None for respondent No.4.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.5.
CWPOA No. 4816 of 2020Mr.C.N. Singh, Advocates, for the petitioner. Mr. Anup Rattan, Advocate General with Mr.Ramakant Sharma, Mr. Navlesh Verma, Ms.Sharmila Patial, Additional Advocates General, Mr. J.S. Guleria and Mr. Raj Negi, Deputy Advocates General, for respondents No.1 & 2-State. Mr. Angrez Kapoor, Advocate, for respondent No.3- HPSSC.
None for respondent No.4.
Mr. Ajay Kumar Dhiman, Advocate, for respondent No.5.
-3-On 28.03.2025, the Court passed the following order:-
"Learned counsel for the petitioner(s) has invited our attention to notification/decision taken by the National Agricultural Education Accreditation Board in its meeting held on 20.03.2017 whereby it clarified that "since the accreditation from ICAR is not mandatory, rather voluntary, for the agricultural colleges/programmes and universities, the students from non-accredited programmes/ Colleges/ Universities may not be denied for higher studies and employment. However, for quality assurance, all state universities and private universities offering courses in agricultural science should initiate process of accreditation with the council." The National Agricultural Education Accreditation Board has also clarified that the ICAR does not recognize institutions and rather ICAR accredits an institution for ensuring educational qualities.
Learned counsel further submits that the respondents themselves on dated 13.03.2024 (Annexure A1, page 42 of CWP No. 3121 of 2019) have issued a notification whereby the condition of accreditation has been done away as is evident from Clause 7 (404).
In the given facts and circumstances, the respondents not only shall file their reply to CMP No. 172 of 2024 but they shall also respond to the notification that has been issued by the National Agricultural Education Accreditation Board (supra) by filing affidavit clearly setting out therein the reasons which led to the issuance of notification dated 13.03.2024 and deletion of clause regarding ICAR accreditation. Needful be done within two weeks.
List for consideration on 11.04.2025."
2. In compliance to the aforesaid order, the respondent-State has filed an affidavit and it shall be apt to reproduce para-8 thereof, which reads as under:-
"8.That there are 978 cadre strength of AEOs in the Department of Agriculture out of which only 214 are rendering their services and rest of the posts are vacant. Due to the reason the execution of departmental programs/schemes relating to the farming community of the State are affecting badly. Therefore, the proposal to restore 45% quota for batch wise candidates and 45% quota for direct recruitment amongst the incumbents -4- having B.Sc Agriculture (4 years degree) on the analogy of recruitment process in Horticulture Department which is sister concern is under consideration of the Government so the present litigation gets decided and the recruitment process could be started."
Since this affidavit was filed more than a month back, therefore, let clear-cut instructions in terms of para-8, as reproduced above, be obtained by the respondent-State before the next date of hearing.
List on 23.05.2025.
( Tarlok Singh Chauhan ) Judge ( Sushil Kukreja ) Judge May 16, 2025 (VH)