Court strikes down inconsistent provisions mandating state recognition for universities, directs immediate registration of petitioner
In a landmark decision, the Himachal Pradesh High Court has struck down a portion of Rule 14 of the Himachal Pradesh Para Veterinary Council Rules, 2011, declaring it ultra vires the Himachal Pradesh Para Veterinary Council Act, 2010. The division bench, comprising Justices Vivek Singh Thakur and Ranjan Sharma, ruled that the rule conflicted with the parent statute by imposing additional requirements for university recognition that were not specified in the Act.
The case arose when Riya Sharma, a bona fide resident of Himachal Pradesh, was denied registration with the Himachal Pradesh Para Veterinary Council. Despite possessing a diploma in Veterinary Science and Animal Health Technology from Guru Angad Dev Veterinary and Animal Sciences University, a university established by law, her application was rejected on the grounds that her university was not recognized by the state government.
The court emphasized that the parent Act recognizes qualifications from universities established by law without requiring additional state recognition. The judges reiterated that delegated legislation must conform to the parent statute and cannot impose conditions beyond its provisions.
In its judgment, the court quashed the part of Rule 14 that required universities imparting para-veterinary training to be registered with the Council and recognized by the state government. The court also set aside the communication rejecting Sharma's application and directed the State Council to register her within one week, subject to other formalities.
This decision underscores the principle that rule-making authorities cannot create rules that conflict with the statute under which they are framed. The ruling is expected to have significant implications for similar cases where rules may exceed their statutory mandate.
Bottom Line :
Rule-making authority cannot frame rules that are inconsistent with or derogate from the provisions of the parent Act under which the rules are framed. Such rules are liable to be struck down as ultra vires if they conflict with the parent statute.
Statutory provision(s): Article 226 of the Constitution of India, Himachal Pradesh Para Veterinary Council Act, 2010, Sections 2(j), 38, 53, 54, Rule 14 of Himachal Pradesh Para Veterinary Council Rules, 2011
Riya Sharma v. State of Himachal Pradesh, (Himachal Pradesh)(DB) : Law Finder Doc id # 2941009
