Subordinate Rules Cannot Impose Additional Recognition Requirements on Universities Established by Law Beyond Parent Act Provisions.

The petitioner, a resident of Himachal Pradesh, obtained a Diploma in Veterinary Science and Animal Health Technology from a constituent college of Guru Angad Dev Veterinary and Animal Sciences University (GADVASU), Punjab.

GADVASU is a statutory university established by Punjab Act No. 16 of 2005 and recognized by the UGC.

When the petitioner applied for registration with the H.P. Para Veterinary Council, her application was rejected via a communication dated 28.07.2025.

The Council cited Rule 14 of the H.P. Para Veterinary Council Rules, 2011, asserting that the university was neither recognized by the Himachal Pradesh State Government nor registered with the State Council.

1. Whether Rule 14 of the HPPVC Rules, 2011, which mandates State Government recognition for Universities established by law, is ultra vires the HPPVC Act, 2010.

2. Whether the diploma obtained from a statutory university in another state constitutes a "recognized Para Veterinary qualification" under the parent Act.

Section 2(j) of the HPPVC Act, 2010, which defines "recognized Para Veterinary qualifications" as those granted by "any University established by law" or any other institution recognized by the State Government.

Section 38 regarding the maintenance of the State Register.

The principle of administrative law that delegated legislation (Rules) must supplement, not supplant, the parent Act.

Precedents including St. Johns Teachers Training Institute v. Regional Director and Union of India v. S. Srinivasan, establishing that rules traveling beyond the scope of the enabling Act or creating inconsistent disabilities are ultra vires.

The court found that Section 2(j) of the HPPVC Act creates two distinct categories of eligible entities: (1) Universities established by law and (2) other institutions recognized by the State.

For the first category (Universities established by law), the Act imposes no requirement for additional recognition by the Himachal Pradesh State Government.

Rule 14 of the 2011 Rules purported to restrict eligibility only to those Universities recognized by or registered with the State Council, which adds restrictive conditions not found in the statute.

Since GADVASU was established by a Punjab statute and recognized by the UGC/ICAR, its degrees are inherently recognized under the parent Act.

By adding restrictive conditions not found in the statute, the Rule-making authority exceeded its power, causing the Rule to conflict with the substantive provisions of the Act.

The rejection letter dated 28.07.2025 is quashed, the Petitioner is declared eligible for registration, and the State Council is directed to register her within one week.

The petition was disposed of in favor of the petitioner.