IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 12554 of 2010 Date of Decision: 20.01.2011 Haryana Veterinary Association, District Ambala ...Petitioner Versus State of Haryana and others ..Respondents. CORAM: HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. V.S.Punia, Advocate, for the petitioner. Mr. Anil Rathee, Addl. Advocate General, Haryana, for the respondents. **** RANJAN GOGOI, A.C.J.(Oral) This Public Interest Litigation by General Secretary of the Haryana Veterinary Association, District Ambala, seeks to challenge an order dated 23.06.2010 (Annexure P-1), on the basis of which the Veterinary Doctors have been entrusted with duties of verifying complaints with regard to issuance of Below Poverty Line Cards. In support of the challenge made, reliance has been placed on the relevant notification by which such Doctors have been exempted from performing election duties. Mr. Rathee, learned Addl. Advocate General, Haryana has submitted that no election duties have been assigned to the Veterinary Doctors and only complaints with regard to issuance of Below Poverty Line Cards have been entrusted to the Veterinary Doctors. Mr. Rathee has further submitted that, as stated in the written statement filed on behalf of the respondents, the Veterinary Doctors are required to perform the said task at their convenience and no time CWP No. 12554 of 2010 [2] limit has been imposed for submission of the reports. Mr. Rathee further submitted that some anomalies were found in the initial verification which was conducted by the employees of the Food & Supplies Department and therefore it was thought proper to assign the duties of re-verification/re-enquiring to the Veterinary Doctors. While it is correct that an employee holding a public office can be asked to perform duties which strictly may not pertain to his office, such decision of the State must be justified on the touchstone of necessity and public interest. Veterinary Doctors who have nothing to do with the issuance of Below Poverty Line Cards or are associated with the process of issuance of such cards should not be entrusted such duties. In a situation, where effective re- verification/re-enquiry was considered necessary by the State in the matter of allotment of Below Poverty Line Cards, the same ought to have been enquired into by the persons who are conversant with the process. Instead, it is the Veterinary Doctors who have been assigned the said task. The result of such verification by the Veterinary Doctors who are not familiar with the process may not be effective at all. We are, therefore, of the view that order dated 23.6.2010 (Annexure P-1) and the assignment of duties of re-verification/re-enquiry into allotment of Below Poverty Line Cards by the Veterinary Doctors should receive our interference. Accordingly, State is directed to dis- associate the Veterinary Doctors from the said task and assign the same to some other persons who are conversant with the same. PIL is disposed of in the above terms. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) 20.01.2011 JUDGE 'ravinder'