HC sets aside Punjab's decision to impose ban on hybrid paddy seeds

Time of India

2 days ago

Chandigarh: In a significant development, the Punjab and Haryana high court has set-aside the order dated April 7, 2025, whereby prohibition was imposed by Punjab government upon the use of notified kinds or varieties of hybrid paddy seeds in the state of Punjab.
In its order, the HC held that the decision of the state government "does not pass the test of legality".
"The imposition of prohibition for use of 'notified kind or variety of hybrid seeds', by dint of Section 5 of the Seeds Act of 1966, does not pass the test of legality, hence deserves to be quashed," the HC has held in its detailed order released on Monday evening.
The HC, however, has upheld the state's administrative order dated April 4, 2019, which was partially modified vide administrative order dated April 10, 2019, thereby imposing prohibition only upon the use of those kinds or varieties of hybrid paddy seeds in the state of Punjab which are non-notified varieties.
Court held that while allowing the use of the kind or variety of hybrid seeds notified by the Government of India under the Act of Seeds Act, 1966, is within the sphere of law.
Justice Kuldeep Tiwari passed these orders while hearing a petition filed by Federation of Seed Industry of India and others.
In the petitions, the common challenge was to the administrative orders passed by the Department of Agriculture, Punjab, whereby a ban has been imposed on the use of the paddy variety PUSA-44 and all types of hybrid paddy seeds (notified and non-notified kinds or varieties).
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The petitioners before this Court were either the Companies involved in the business of seeds' production/trading, or the farmers aggrieved by the blanket ban imposed by the State Government upon use of the hybrid paddy seeds.
Importantly, the director of the Department of Agriculture, Punjab, through issuing an administrative order dated April 4, 2019, imposed a prohibition on
the use of all varieties of hybrid seeds in the State of Punjab. Subsequently, by an amended administrative order dated April 10, 2019, the prohibition was
partially modified so as to permit the sowing of only such varieties of hybrid paddy seeds as have been notified by the Government of India specifically
for the State of Punjab, while maintaining the prohibition in respect of all non-notified varieties.
Again, on April 7, 2025, the Director of the Department of Agriculture, Punjab, issued another administrative order, thereby imposing a prohibition on the use of hybrid paddy seeds, including both notified and non-notified varieties.
As per the impugned administrative orders, the ban has been imposed on the recommendations made by the Punjab Agricultural University, Ludhiana.
The senior counsels for the petitioners submitted that the maker of the impugned administrative orders lacks the statutory powers to make any such orders.
While the Punjab government strongly defended its decision, the Centre had argued that while the States, through their licensing authorities, may monitor the quality of seed lots and enforce compliance under the Seeds Order, they lack competence to declare notified varieties as unsuitable for sale or cultivation.
Centre also contended that it had not received any case forwarded by the Government of Punjab, thereby proposing a ban on any notified hybrid variety of rice to address any alleged deficiencies in seed quality.
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