Gujarat High Court
State Of Gujarat vs Harshitkumar Bharatbhai Jani on 6 September, 2023
Bench: N.V.Anjaria
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1058 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1058 of 2022
With
R/LETTERS PATENT APPEAL NO. 1061 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1061 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2023
In
R/LETTERS PATENT APPEAL NO. 1060 of 2022
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
Page 1 of 75
Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
R/LETTERS PATENT APPEAL NO. 1059 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In
R/LETTERS PATENT APPEAL NO. 1059 of 2022
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1038 of 2023
In
SPECIAL CIVIL APPLICATION NO. 8556 of 2020
With
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1039 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15334 of 2019
With
R/LETTERS PATENT APPEAL NO. 1040 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1040 of 2023
Page 2 of 75
Downloaded on : Sat Sep 16 16:18:36 IST 2023
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1040 of 2023
In
SPECIAL CIVIL APPLICATION NO. 15532 of 2019
With
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 2 of 2022
In
R/LETTERS PATENT APPEAL NO. 1041 of 2023
In
SPECIAL CIVIL APPLICATION NO. 16982 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL Sd/-
and
HONOURABLE MR. JUSTICE N.V.ANJARIA Sd/-
=============================================
1 Whether Reporters of Local Papers may be No
allowed to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
=============================================
STATE OF GUJARAT
Versus
HARSHITKUMAR BHARATBHAI JANI
=============================================
Appearance:
In LPA Nos.1058/2022 with CA NO.1/2022
Ms. Manisha Luvkumar Shah, Government Pleader assisted by
Mr.Siddharth Rami and Ms. Jeenal Acharya, AGP for the appellant/
applicant,
Mr. Aditya Bhatt & Ms. Chandni S. Joshi, learned counsel for
Respondent No.1,
Mr. N.D. Songara, learned counsel for Respondent No.2,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.3.
In LPA Nos.1061/2022 with CA NO.1/2022
Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.
Siddharth Rami and Ms. Jeenal Acharya, AGP for the
appellant/applicant,
Mr. TR Mishra, learned counsel for Respondent Nos.1 to 35,
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to
35,
Mr. N.D. Songara, learned counsel for Respondent No.36,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.37.
In LPA Nos.1060/2022
Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.
Siddharth Rami
and Ms. Jeenal Acharya, AGP for the appellant/applicant
Mr. TR Mishra, learned counsel for Respondent Nos.1 to 38,
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to
38,
Mr. N.D.Songara, learned counsel for Respondent No.39,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.40.
In CA NO.1/2022 in LPA Nos.1060/2022
Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.
Siddharth Rami
and Ms. Jeenal Acharya, AGP for the appellant/applicant
Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38,
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to
38,
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
In CA NO.2/2022 in LPA Nos.1060/2022
Mr Amit R Joshi, Advocate for the Applicant/s
Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 37,
Mr. Rameshbhai M Patel, learned counsel for Respondent No. 38,
Mr. N.D.Songara, learned counsel for Respondent No.39,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.40.
In CA 2/2023 in LPA Nos.1060/2022
Mr. Amit R. Joshi with Mr. Kevalsinh B Rathod, Advocates for the
Applicant/s
Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38,
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to
38,
Mr. N.D. Songara, learned counsel for Respondent No.39,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.40.
In CA NO.3/2023 in LPA Nos.1060/2022
Mr Amit R Joshi with Mr.Kevalsinh B Rathod, Advocates for the
Applicant/s
Mr. T.R. Mishra, learned counsel for Respondent Nos.1 to 38,
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.1 to
38,
Mr. N.D. Songara, learned counsel for Respondent No.39,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
Respondent No.40.
In LPA Nos.1059/2022 with CA NO.1/2022
Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.
Siddharth Rami and Ms. Jeenal Acharya, AGP for the
appellant/applicant
Mr. Rameshbhai M Patel, learned counsel for Respondent Nos.2 &
3,
Mr. N.D.Songara, learned counsel for Respondent No.4,
Mr. Akshat Khare for Mrs. Suman Khare, learned counsel for
respondent No.5 (in LPA).
(Notice not received back for Respondent No.5 in CA No.1/2022)
In LPA Nos.1038/2023 with CA NO.1/2023 & CA NO.2/2022
Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for
the Appellants/Applicants
Ms. Manisha Luvkumar Shah, Government Pleader assisted by Mr.
Siddharth Rami and
Ms. Jeenal Acharya, AGP for the respondent State on advance copy
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
In LPA Nos.1039/2023 with CA NO.1/2023 & CA NO.2/2022
Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for
the Appellants/Applicants
Ms. Manisha Luvkumar Shah, Government Pleader assisted by
Mr.Siddharth Rami and
Ms. Jeenal Acharya, AGP for the respondent State on advance copy
In LPA Nos.1040/2023 with CA NO.1/2023 & CA NO.2/2022
Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for
the Appellants/Applicants
Ms. Manisha Luvkumar Shah, Government Pleader assisted by
Mr.Siddharth Rami and
Ms. Jeenal Acharya, AGP for the respondent State
In LPA Nos.1041/2023 with CA NO.1/2023 & CA NO.2/2022
Mr Shalin Mehta, Senior Advocate with Mr. B H Kher, Advocate for
the Appellants/Applicants
Ms. Manisha Luvkumar Shah, Government Pleader assisted by
Mr.Siddharth Rami and
Ms. Jeenal Acharya, AGP for the respondent State
Mr. T. R. Mishra, learned counsel for Resp.Nos.14-16, 18, 25-26,
30-31, 35
=============================================
CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 06/09/2023
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL)
1. Heard the learned counsels appearing for the parties
and perused the record.
2. This bunch of intra-court appeals is directed against
the judgment and order dated 8.2.2023 passed by the
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
learned Single Judge in Special Civil Application No.8556
of 2020 and connected other matters, allowing the writ
petitions, setting aside the merit list of Livestock
Inspectors, which has been prepared after deletion of the
names of the writ petitioners / respondents herein. The
State is directed to consider the case of the petitioners as
they have been held entitled to be appointed to the posts
of Livestock Inspectors, pursuant to the advertisement for
the said post, against which they had applied.
Consequential benefits including seniority with notional
benefits from the date of their appointment as per the
advertisement, have also been granted.
3. We may note, at the outset, that on the factual aspects
of the matter and while mentioning various communications
placed by the learned counsels for the parties, reference
has been made to the paper-books of Letters Patent Appeal
Nos.1060 of 2022 and 1058 of 2022 in this judgment.
4. The dispute, in the instant case, is with regard to the
fulfillment of eligibility criteria by the writ petitioners for
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
the post of Livestock Inspector, recruitment to which is to
be made in accordance with the rules viz. Livestock
Inspector, Class III in the subordinate services of the
Directorate of Animal Husbandry Recruitment
(Amendment) Rules, 2017 ('Amended Rules 2017' for
short). As per the unamended Rules 2016, notified on
11.4.2016, the eligibility qualification for the post of
Livestock Inspector was as follows:
"Clause 3 of the Rules states that to be eligible for
appointment, the candidate shall have passed three
years diploma in Veterinary Science and Animal
Husbandry or Diploma in Animal Husbandry from
any universities established or incorporated under
the central or a state Agricultural or Veterinary
University Act and recognised by the Indian Council
of Agricultural Research (ICAR)."
5. By notification dated 9.2.2017, the Recruitment Rules,
2016 were amended and the following qualification was
added:
"or a certificate of livestock inspector course of at
least one year duration obtained from any of the
Universities established or incorporated from any of
the Central or State Act in India or any other
educational institution recognised as a university
under section 3 of the UGC Act, 1956."
6. The advertisement dated 26.7.2017 was published
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
notifying 400 vacancies of the post of Livestock Inspector
pursuant to which, final select list was prepared on
22.8.2019, deleting the names of the writ petitioners as
they did not fulfill the prescribed educational qualifications.
The intimation, in this regard, was given to the writ
petitioners on an application moved by them under the RTI
Act.
7. The learned Single Judge, while setting aside the final
select list, having gone through the eligibility qualification
prescribed in Rule 3 of the Unamended Rules, 2016, as also
the Amended Rules, 2017, posed a question to itself, as to
whether a certificate of Livestock Inspectors by distance
learning acquired by the petitioners from Vinayaka
Missions University, can be treated to be recognised
qualification. To answer the said question, it was noted that
the certificates of marks appended with the writ petitions
would indicate the nature of course that the petitioners
have undergone, that they have completed the course in the
field of extension, education and field work. It was observed
that the petitioners have also undertaken education
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
namely; health education and cattle feed and crop
production, Livestock production, buffalo and poultry
management, veterinary anatomy and physiology simple
principles, primary treatment of animal diseases and
artificial insemination.
8. Vinayaka Missions University, wherefrom the
petitioners had completed Certificate course of Livestock
Inspector is a Deemed University, declared under Section 3
of the University Grants Commission Act, 1956 ('UGC Act'
for short). The communication dated 17.7.2016 addressed
to the President of the trust, running the university, has
been noted in the judgment impugned to record that being
a Deemed University, Vinayaka Mission's Research
Foundation (Deemed University), Salem is empowered to
award its own degrees and diplomas as per the provisions
of Section 22 of the UGC Act. Further, the communication
dated 28.2.2007 of the India Gandhi National Open
University (IGNOU) has also been noted by the writ Court
to record that the programme of distance mode of the
faculty of distance education of Vinayaka Missions
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
University has been recognized. The action of the
respondents in not considering the Certificate of Livestock
Inspector issued by such University for the purposes of
being qualified, is misconceived.
9. Taking note of the communication dated 16.5.2011 of
the University Grants Commission ('UGC' for short), it was
recorded in the judgment impugned that the degree
obtained in regular mode and in distance mode is at par
and the facts of the instant case would indicate that it was
misconceived on the part of the respondents to consider the
Certificate of Livestock Inspector issued by Vinayaka
Missions University, as not a valid qualification in
accordance with the Recruitment Rules. It was further held
that the job profile of a Livestock Inspector cannot be
compared to that of Medical education, Physiotherapy or
Pharmacy as envisaged and submitted, placing reliance on
the public notice dated 23.2.2018 issued by the
respondents. Moreover, the petitioners have passed their
examinations of Certificate course of Livestock Inspectors
in the year 2011 and, therefore, the subsequent
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
communications of 2014 or 2015 or 2018 cannot be relied
upon to consider the petitioners as being disqualified for
appointment to the posts of Livestock Inspectors.
10. It was observed that the courses imparted by Vinayaka
Missions University through distance mode were
considered as valid degree qualifications and such a
Certificate awarded by the same University was considered
valid, as demonstrated by the petitioners therein, at an
earlier point of time for appointment to the post of Stock-
man (Junior Grade), which was then re-designated as
Livestock Inspector. There is, thus, no reason why the
appointments of the petitioners should not be made to the
posts of Livestock Inspectors based on their participation in
the selection for the posts in question.
11. These findings returned by the learned Single Judge
are sought to be assailed by the appellants on the ground
that the job profile of a Livestock Inspector involves several
requirements namely; application and administration of
drugs rendering preliminary aid through oral
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
administration, handing of superficial ailments of animals,
vaccination, dispatch of serum, urine, blood samples etc.
The writ petitioners / respondents herein possess a
certificate of having passed one year course in Livestock
Inspector from Vinayaka Missions University, Salem, a
Deemed University under Section 3 of the UGC Act, which
also provides distance mode of education. The certificate
course through distance learning mode obtained by the
petitioners is not recognised by the UGC being a technical
and a professional programme, as distance learning of such
programmes is not permissible. Reliance is placed on the
statement made by the UGC to substantiate the said
assertion. The communication dated 23.2.2018 issued by
the UGC Distance Education Bureau has been placed to
assert that the programs like Engineering, Medicine,
Dental, Pharmacy and Nursing, which require hands-on-
training, cannot be permitted to be offered through
distance learning mode. Under the Indian Veterinary
Council Act, 1984, Livestock Inspectors provide 'Minor
Veterinary Services' requiring high level of sensitive
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
dealing involved with the body of animals. The UGC has not
approved the Certificate course in Livestock Inspector and
learning through distance mode is not a satisfactory mode.
The Distance Education Bureau of the UGC vide its
communication dated 9.9.2019 has informed the Director of
Animal Husbandry specifically, with reference to Vinayaka
Mission Research Foundation, Salem, Tamil Nadu that no
University is authorised to offer technical and professional
programmes through distance learning mode.
12. It is, thus, argued by the learned Senior Counsel for
the Board that no infirmity can be attached to the stand of
the appellant viz. Gujarat Subordinate Service Selection
Board ('the Board' for short) in preparing the select list
excluding the writ petitioners holding them ineligible for
the post of Livestock Inspector. Emphasis was laid on the
content of the communication dated 9.9.2019 addressed to
the Director, Animal Husbandry, Gujarat State on the
subject of recognition of status of various Universities. Para
10 of the said communication has been placed before us to
assert the status of Vinayaka Missions Research Foundation
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
that a Deemed to be University. Erstwhile regulatory,
Distance Education Council (DEC) granted ex-post facto
institutional recognition to it for the programme offered by
it through distance mode, upto the Academic year 2005.
Further, DEC granted 'institutional recognition' to it for a
period of 5 years with effect from the date of issue of its
letter, i.e. 28.2.2007. The recognition given to the
University for the aforementioned period was institutional,
i.e. for the programmes which were approved by the
statutory bodies of the university / institution and not to any
specific programmes. It was, however, clarified therein that
no University is authorised to offer technical and
professional programme through distance mode.
13. The public notice dated 23.2.2018 issued by the UGCs,
Distance Education Bureau, placed before us records that
as per the University Grant Commission (Open & Distance
Learning) Regulation, 2017, notified in the Official Gazette
on 23.6.2017, the programme of Education, Research and
Training in Engineering Technology, Architect, Town
Planner, Management, Pharmacy and Applied Arts & Crafts
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
and such other programmes are not permitted to be offered
under Open and Distance learning mode.
14. The Notification dated 29.11.2012 issued by the
Agriculture and Cooperation Department, Government of
Gujarat, in exercise of the power conferred by the
Explanation to Clause (b) of Section 30 of the Indian
Veterinary Council Act, 1984, in supersession of earlier two
government notifications of the same date, i.e. on
27.2.2001, has been placed before us to submit that the
concerned department has recognised certain applications
and acts as 'Minor Veterinary Services' for the purpose of
the Indian Veterinary Council Act, 1984, which include
application or administration of drugs, compounding and
dispensing of drugs / theocratic preparation, etc. The
contention is that specification of the acts recognised as
'Minor Veterinary Services' by the Agriculture and
Cooperation Department in the above notifications, would
include the duties which are to be performed by the
Livestock Inspectors. Such duties prescribed in the
notification itself would indicate that high skill is required
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
by a candidate seeking appointment to the post of Livestock
Inspector, which cannot be acquired without hands-on-
training. The practical and field work, thus, is indispensable
for acquiring knowledge and skill to be qualified for the
post of Livestock Inspector. The writ petitioners had
undertaken one year Certificate course of Livestock
Inspector through distance learning mode and there is
nothing on record which would even suggest that they had
completed the course by undertaking practical and field
work to acquire the skills. The contention, thus, is that the
writ petitioners cannot be said to be qualified for the post
in question, merely on the premise that they possess the
Certificate which records that they have undergone the
course in the field work, as has been recorded by the
learned Single Judge, ignoring the above aspects of the
matter.
15. It is further submitted by the learned Senior Counsel
for the appellants that even if it is accepted for a moment
that the petitioners have completed the required course
through the distance education mode, the Certificate issued
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
by Vinayaka Missions University cannot be recognised as a
valid qualification, inasmuch as, there is no permission
from the Distance Education Council to impart education
through distance mode beyond the territorial jurisdiction of
the university.
16. It was vehemently argued by the learned Government
Pleader and the learned Senior Counsel for the appellant -
Selection Board that a University established or
incorporated by or under a State Act can operate only
within the territorial jurisdiction allocated to it under its
Act and, in no case, beyond the territory of the State or its
location. The Deemed Universities cannot affiliate any
college or institution for conducting courses leading to
award of its diplomas, degrees or other qualifications. No
Deemed University can operate its programme through
franchise agreement with private coaching institutions even
for the purpose of conducting courses through distance
mode. All these instructions with regard to the territorial
jurisdiction and offering of programmes through Off-
campuses / study centres, etc. by institutions / universities,
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
have been issued by the UGC in the communication dated
9.8.2014, which is appended at page '184' of the paper
book (of Letters Patent Appeal No.1058 of 2022), along
with the affidavit of the UGC. The attention of the Court is
invited to another communication dated 19.5.2008 of the
UGC addressed to the Vice Chancellors of 103 Deemed
Universities in the Country appended with the
aforementioned affidavit, wherein taking serious note of the
functioning of the Deemed Universities in opening off-
campus(s) / off-shore campus(s), new department(s) and
study centre(s) without approval of UGC, guidelines were
issued to adhere to the following norms:
"1. Any Deemed University will not open and run
the Off-campus(s) / off-shore Campus(s) / establish
new department(s) / start new course(s) (other than
allied to the courses already approved and being
offered) without obtaining the specific prior approval
of the UGC / Government of India. The requisite
official approval of the proposed Off-campus(s) / off-
shore campus(s) / new department(s) / new course(s)
will take only a prospective effect.
2. The deemed university shall not conduct any
course(s) under distance mode without the specific
prior approval of the Joint Committee of UGC, AICTE
& DEC.
3. The deemed universities being unitary
institutions are not allowed to affiliate any College(s)
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
/ Institution(s).
4. Franchising of higher education is not
allowed."
17. The contention, thus, is that no Deemed University
can conduct any course through distance mode without the
specific approval of the Joint Committee of UGC, the Apex
Regulatory Body and the DEC. In the instant case, the Apex
Regulatory Body is the Veterinary Council of India. There is
no approval of the Joint Committee of UGC, Veterinary
Council of India and DEC to run the Certificate course of
Livestock Inspector by Vinayaka Missions University, a
Deemed University.
18. Another communication dated 4.8.2001 addressed to
the Registrars of the Universities issued by the UGC has
been placed by the learned Senior Counsel for the Selection
Board to assert that a serious view has been taken by the
UGC in awarding degrees by the Universities through
various franchise programmes operated by certain private
institutions, which are declared as University's Study
Centres. The decision of the UGC was communicated
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
therein that it has decided that no University should be
permitted to go for Off-campuses private educational
franchise leading to the award of its degrees and no
enrollment of students henceforth shall be permitted. All
the Universities were directed to stop franchising their
degree education through private agencies / establishments
with immediate effect.
19. The communication dated 5.10.2007 appended with
the affidavit of UGC in Letters Patent Appeal No.1060 of
2022 has further been placed to assert that all Deemed
Universities have been directed to run courses under
distance mode only with the prior approval of both DEC and
UGC. The direction was issued not to run any course
started in violation of the above directions and stop them
immediately.
20. The letter dated 20.4.2011 of IGNOU (the then
Distance Education Council) addressed to the Vice
Chancellor, Vinayaka Commissions University, has been
placed before us in order to demonstrate that while
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
granting recognition to programmes through distance
education mode, by the Distance Education Council, for a
period of three academic years with effect from 2011-12 to
2013-14, it was categorically directed that the territorial
jurisdiction for offering programmes through distance mode
will be as per the decision taken in the 35 th meeting of the
Distance Education Council, wherein it was noted that the
territorial jurisdiction in case of deemed universities will be
as per UGC, which mandates the prior approval of the UGC
for opening Off-Campus Centres / Offshore centres outside
the headquarters. One of the conditions to run programmes
through distance education mode, as indicated in the said
letter in point No. B-9, is to be noted hereunder:
"9. The territorial jurisdiction for offering
programmes through distance mode by your
institution shall be the head quarters of the
University as per the notification of the UGC and as
per DEC norms."
21. Reliance is placed on the decision of the Apex Court in
the case of Prof. Yashpal & Anr. vs. State of
Chhattisgarh & Ors., reported in (2005) 5 SCC 420, by
the learned Senior Counsels appearing for the appellants
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
and the selected candidates, wherein it has been held that
the State University imparting education through distance
mode cannot travel beyond its territorial jurisdiction. The
University established by the Parliament can impart
education within the entire territory of India and University
established by the State legislature can impart education
within the respective State territory only.
22. Further, the provisions of the Indian Veterinary
Council Act, 1984 have been relied to assert that the said
Act has been enacted to regulate Veterinary practice and
to provide, for that purpose, for the establishment of a
Veterinary Council of India and State Veterinary Councils
and the maintenance of registers of the veterinary
practitioners and for matters connected therewith. The
Veterinary Council of India established under Section 3 of
the Act is empowered to regulate the functioning of
'Veterinary Institution', defined under Section 2(j), which
includes any University or other institution within or
outside India which grants degrees, diplomas or licences
in Veterinary Science and Animal Husbandry. Section 15
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
regulates the recognition of Veterinary qualifications
granted by Veterinary Institutions in India, which are
included in the First Schedule as recognised Veterinary
Institution. Sub-section (2) of Section 15 provides that
any Veterinary Institution in India which grants a
veterinary qualification not included in the First Schedule
may apply to the Central Government to have such
qualification recognised and the Central Government,
after consulting the Council, may, by notification in the
Official Gazette, amend the First Schedule so as to
include such qualification therein. Such veterinary
qualification which is included in the First Schedule by a
notification published in the Official Gazette shall be a
recognised veterinary qualification only when granted
after a specified date. The submission is that the
definition of Veterinary Institution in Section 2(j) makes it
clear that courses like diplomas or licences in Veterinary
Science and Animal Husbandry, apart from the degrees
being imparted by the Veterinary Institution recognised
in the First Schedule are regulated by the Veterinary
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Council of India. The First Schedule not only includes the
Veterinary Institution defined under Section 2(j) but also
conventional universities which are imparting education
in Veterinary Science and Animal Husbandry. The
veterinary qualifications imparted by them, however, are
mentioned in the First Schedule as recognised veterinary
qualifications.
23. The contention, thus, is that the petitioners /
respondents herein cannot get away by saying that the
Veterinary Council of India has given only institutional
recognition for offering programmes through distance
education mode and the reliance on the communication
dated 14.10.2019 by the petitioners / respondents herein,
to the information received under the Right to
Information Act that One year Certificate / diploma
course for Livestock Inspector does not fall within the
purview of the India Veterinary Council Act, 1984, is
misguided. In any case, from the perusal of the letter
dated 20.4.2011 (at page 393 of LPA No.1060/2022), it is
evident that the decision to recognise for offering
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
programmes through distance mode was taken in light of
an expert committee report comprising of nominees of
UGC, AICTE and DEC, which visited the institution viz.
Vinayaka Missions University.
24. Placing the chart comprising of programmes
recommended by the expert committee, it was contended
by the learned counsel appearing for the UGC that the list
of programmes included Certificate course and diploma
courses as well. The information supplied to the
petitioners / respondents herein by the Section Officer /
CPIO of Veterinary Council of India vide communication
dated 14.10.2019 is, thus, contrary to the legal
provisions. It cannot be argued by the petitioners that the
Veterinary Council of India cannot regulate one year
certificate / diploma course for Livestock Inspector.
25. In the affidavit filed by the Vinayaka Missions
University - respondent No.39 herein, reference has been
made to a letter dated 28.2.2007, appended at page '732'
of the writ petition (SCA No.16982/2019), to assert that
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Vinayaka Missions University is recognised by the
Distance Education Council of IGNOU for running
distance education courses. The affidavit of Vinayaka
Missions University in LPA No.1060/2022 has been
placed before us to assert that the stand of the University
relying upon the letter dated 28.2.2007 that it is
recognised by the Distance Education Council of IGNOU
for running programmes through distance mode, has to
be seen in light of the aforesaid communication of DEC.
26. It was urged that as regards the method of
imparting education through distance mode for diploma /
certificate course of Livestock Inspector, though it is
stated in the affidavit of the University that the
petitioners had undergone the course of Livestock
Inspector with practical, theory and field work as per the
syllabus, but nothing has been mentioned therein as to
how and in what manner hands-on-training through
practical and field work was imparted to the petitioners /
respondents herein.
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
27. It is, thus, vehemently argued by the learned counsel
appearing for the UGC that the certificate course of
Livestock Inspector possessed by the petitioners /
respondents herein cannot be said to be a recognised
course, to be offered through distance mode by the
Vinayaka Missions University, with the joint approval of
the UGC, DEC and the Regulatory Body, which is 'the
Veterinary Council of India', in the instant case. The
exclusion of the petitioners from their final select list,
therefore, cannot be said to suffer from any error of law.
28. Reliance is placed on the decision of the High Court
of Punjab and Haryana in the case of Kuldeep vs. State
of Haryana and others in CWP No.25485 of 2015
(O & M), dated 17.5.2017 with regard to the diploma
course in Livestock Assistant imparted by Vinayaka
Missions University through distance mode. The Division
Bench of the High Court therein has held that the power
to recognise a diploma or certificate for providing 'Minor
Veterinary Services' is exclusively vested in the State
Government except where such power has been exercised
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
by the Veterinary Council of India. The Veterinary
services, such as vaccination, castration and dressing of
wounds, etc. are included in the 'Minor Veterinary
Services'. The diploma or certificate relied upon by the
petitioners therein were found to be not recognised by
the Veterinary Council of India. While answering the
question that who is the competent authority to recognise
such diploma for the purposes of 'Minor Veterinary
Services', it was held therein that the power to recognise
a qualification in Veterinary Science is exclusively vested
with the Veterinary Council of India and not UGC. The
Veterinary Council of India being a statutory body at par
with any other professional authority, like Medical
Council of India, Dental Council of India or even UGC,
alone is competent to recognise the qualification in
Veterinary Sciences in view of the express power
conferred upon it under Section 15 of the Indian
Veterinary Council Act, 1984. It was held therein that
recognition of diploma courses in the Veterinary Sciences
need not be confused with recognition of the Universities
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
who are said to have imparted these diplomas. The
Universities may have recognition as Deemed
Universities under Section 3 of the UGC Act, but the
diploma courses imparted by them cannot be validated
unless such course is further recognised by Veterinary
Council of India in exercise of its powers under Section
15 of the Act.
29. Further, reliance is placed on the recent decision of
the Apex Court in the case of Vinit Garg & Ors. vs.
University Grants Commission & Ors., reported in
(2021) 12 SCC 416, to argue that the prior approval of
UGC as well as DEC for setting up of Off-campus
Centre(s)/Institution(s)/Off-Shore Campus and Starting
Distance Education Programmes by the Deemed
Universities', The UGC (Institution deemed to be
Universities), Regulation, 2010, has been issued by the
UGC, which deals with the procedure to be followed by
Deemed to be Universities offering distance education
programmes. There is nothing on record that approval
has been taken by the Vinayaka Missions University to
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
run the One year Certificate course of Livestock Inspector
through distance mode by opening study centre / Off-
campus centre beyond its territorial jurisdiction nor it
could be demonstrated that the writ petitioners /
respondents herein were imparted education to complete
the course by undertaking practical and field training, to
acquire skill of the job.
30. Placing reliance on the decision of the Apex Court in
the case of Maharashtra Public Service Commission
through its Secretary vs. Sandeep Shriram Warade
& Ors., reported in (2019) 6 SCC 362, it was argued
that the Court cannot lay down the conditions of
eligibility nor can it delve into the issue with regard to
desirable qualifications being at par with the essential
eligibility by an interpretative re-writing of the
advertisement. The qualification prescribed under Rules
2017 of Certificate of Livestock Inspector course of one
year duration obtained from any of the universities
established or incorporated under the Central or the
State Act in India or any other education institution
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
recognised, as such, or declared to be Deemed University
under Section 3 of the UGC Act, will not include the
Certificate course imparted by Vinayaka Missions
University through distance mode, as a Deemed to be
University in view of the above noted facts. The requisite
qualifications mentioned in the advertisement which are
at par with the Recruitment Rules, 2017, therefore,
cannot be said to be fulfilled in the facts and
circumstances of the instant case. The submission, thus,
is that the learned Single Judge has erred in law in
ignoring the above aspects of the matter while allowing
the writ petitions.
31. Shri Shalin Mehta, learned Senior Counsel assisted
by Shri B.H. Kher, learned counsel appearing on behalf
of the selected candidates in the final select list, who are
waiting for appointment to the post of Livestock
Inspector, has adopted and added to the arguments of
the learned Senior Counsel appearing for the Selection
Board, by relying upon the decision of the Apex Court in
Prof. Yashpal (supra), to assert that Vinayaka Missions
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
University could not have conducted the Certificate
course of Livestock Inspector through distance education
mode beyond its territorial jurisdiction.
32. Shri T.R. Mishra, learned counsel for the
respondents - writ petitioners, in rebuttal, would submit
that the Certificate Course of Livestock Inspector cannot
be termed as technical or professional programme as
agitated by the appellants and the UGC. A letter dated
17.06.2006 issued by the Joint Secretary, UGC, replying
to the query made by the President of the trust, namely,
Lord Shri Krishna Trust, Gujarat, has been placed
wherein it is stated that being a Deemed University,
Vinayaka Missions University is empowered to award its
own degrees. It was urged that so far as decree courses
are concerned, a University or Deemed University can
award degrees as is specified by UGC under Section 22 of
the UGC Act. Regarding diploma programmes, there is no
provision under the UGC Act to grant recognition to
specified diploma courses and as such, such courses are
out of purview of the UGC. The definitions of "higher
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
education" and "professional programmes" defined in the
regulation known as the Universities Grants Commission
(Open and Distance Learning) Regulations, 2017, has
been placed before us to assert that the higher education
has been defined therein as the education imparted by
means of conducting regular classes or through distance
education mode. The Regulations, 2017 have been framed
by the UGC to provide for the minimum standard of
instructions for grant of degree at the undergraduate and
post graduate levels, through open and distance learning
mode. The "professional programmes" are defined
therein as the programmes other than programmes in
engineering, medicine, dental, pharmacy, nursing,
architecture, physiotherapy and programmes not
permitted to be offered in distance mode by the Statutory
Councils or Regulatory Authorities, to be conducted by
the Higher Education Institutions under open and
distance learning mode or distance education mode for
the purpose of the regulation.
33. It was contended that the One year Certificate
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
course of distance education mode will not fall within the
meaning of "professional programmes" defined in
Regulation 2(p) of the Regulations, 2017. Under the
Recruitment Rules, the minimum qualification for
Livestock Inspector is Xth plus and the Certificate Course,
whereas 'professional programmes' or technical
programmes are always imparted after XIIth Standard as
per the Regulations of UGC. Reliance is placed on the
communication dated 15.10.2019 of the Section Officer /
CPIO, Veterinary Council of India under the Right to
Information Act, to assert that it was categorically stated
therein that the Veterinary Council of India regulates
Bachelor courses in Veterinary Science and Animal
Husbandry under the provisions of the Indian Veterinary
Council Act, 1984 and One year Certificate/diploma
course for Livestock Inspector does not come within the
purview of the Indian Veterinary Council Act, 1984. There
was, thus, no occasion for the Vinayaka Missions
University to seek permission of Veterinary Council of
India to run the course.
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
34. The communication dated 09.09.2019 of the UGC
addressed to the Director of Animal Husbandry, Gujarat
State, Gandhinagar, has been relied to assert that the
erstwhile Distance Education Council granted ex-post
facto institutional recognition to the programmes offered
by the Vinayaka Missions University through distance
education mode upto the Academic year 2005. The
District Education Council further granted "institutional
recognition" to the University for a period of five years
with effect from 28.02.2007. The recognition given to the
University for the aforementioned period was
'institutional' and not to any specific programme. The
contention is that since institutional recognition granted
to the Vinayaka Missions University by the Distance
Education Council was operational in the year 2011 when
the writ petitioners had undertaken One year Certificate
course of Livestock Inspector, their certificates cannot be
said to be invalid.
35. It is further argued that the Apex body of Vinayaka
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Missions University has passed the resolution for
approval of programmes such as Diploma in Veterinary
Pharmacy, Diploma in Livestock Assistant and Certificate
in Livestock Inspector conducted through distance mode.
The resolution dated 21.05.2005 of the Academic Council
and the approval of the same by the Board of
Management on 30.07.2005 has been placed before us to
assert that the Diploma / Degree courses are not specified
by UGC and the University is empowered to run diploma/
certificate course with the approval of its governing
council/statutory council, whenever required.
36. A letter dated 16.05.2013 of the Ministry of Human
Resource Development has been placed to assert that
DEC (Distance Education Council) of IGNOU was
dissolved and it was provided that the role of DEC of
IGNOU and its all responsibility will now be performed by
UGC and AICTE as envisaged in their respective Acts,
with immediate effect. All India Council for Technical
Education namely 'AICTE' is Apex body regulating the
technical education and technical institution as defined
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
under the Act. In any case, upto the year 2012, IGNOU
was the competent authority as per Statute - 28 of the
IGNOU Act, to regulate distance mode of learning. All the
writ petitioners - respondents herein having passed
diploma / certificate course prior to the year 2011, at the
point of time when IGNOU was the competent authority
regulating distance education mode, any reliance on the
subsequent communications of the UGC with regard to
the requirement of taking approval from it, would be
applicable with effect from 01.05.2013, the date of
issuance of the notification repealing Statute-28 of the
IGNOU Act and dissolution of the Distance Education
Council of IGNOU thereby.
37. The attention of the Court is invited to a Notification
dated 01.03.1995 (at page 149 of the paper book), to
argue that the Ministry of Human Resource Development,
Department of Education, New Delhi had issued the said
notification on the recommendation of the Board of
Assessment for Educational Qualifications and notified
that the Government of India has decided that all the
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
qualifications awarded through distance mode by the
University established by an Act of Parliament or State
Legislature, Deemed to be Universities under Section 3 of
the UGC Act and Institution of National Importance
declared under an Act of Parliament, stands automatically
recognized for the purpose of employment to posts and
services under the Central Government, provided it has
been approved by the Distance Education Council,
IGNOU.
38. A Government Resolution dated 16.01.1978 issued
by Government of Gujarat (at page '150' of the paper
book) has been placed before us in order to demonstrate
that no formal orders recognizing such degrees/diploma,
issued by the Universities in India incorporated under the
Central or State Legislature, declared to be Deemed
University under the UGC Act, for the purpose of
employment under the State Government is required.
Such degrees/diplomas are to be recognized
automatically.
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
39. Placing the letter issued by the Agriculture and
Cooperation Department, Secretariat, Gandhinagar,
dated 09.06.2009, it was urged that by the said letter, the
certificate courses issued by the Vinayaka Missions
University have been recognized. It was directed therein
that against the available vacancies, recommendation to
appoint candidates having pursued Livestock Inspector
Course from Vinayaka Missions University shall be made,
in view of the approval granted by the Principal
Secretary, Agriculture and Cooperation Department,
noticing that Vinayaka Missions University was
recognized by the Distance Education Council and its
degrees and diplomas have to be considered valid for the
purpose of recruitment.
40. It is, thus, argued that, in the past, appointment
letters have been issued by the Government of Gujarat to
the candidates who passed Certificate course of Livestock
Inspector from Vinayaka Missions University. All those
candidates who have passed the said certificate course
upto the year 2012 have been issued appointment letters
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
and are working even today.
41. The affidavit of Vinayaka Missions University filed in
the appeal has been pressed into service to assert that
the University has taken a stand that the course of
Livestock Inspector is not included as technical course
and letter in this regard issued by the AICTE has been
relied therein to assert that the University was having
authority to run the Certificate course. No permission of
UGC was further required as the University can run
diploma/certificate courses with the approval of its
Governing council which was duly granted.
42. The syllabus and practical training details of the
certificate course in Livestock Inspector from page '242
to 264' of the paper-book have been relied to submit that
all the writ petitioners have completed the course by
undertaking practical and field training, which was
having 50 marks and of two months duration;
respectively. The specific submission is that all the
petitioners had undertaken practical classes in the
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
institution being run by the Vinayaka Missions University
within its territorial jurisdiction and there is no Study
Center of the university beyond its territorial jurisdiction,
wherein the said course of study, comprising of theory,
practical and field work, field training had been imparted.
All the writ petitioners herein, according to the
submission of the learned counsel for the petitioners, had
undertaken classes for practical course in the main
campus of the institution run by Vinayaka Missions
University, within the boundaries of its territorial
jurisdiction.
43. Insofar as the decision of the Punjab and Haryana
High Court relied by the appellants, it was argued that
the issue in the said case was altogether different and, as
such, the said decision is distinguishable. About the
interim order passed by the Division Bench of this Court
in Letters Patent Appeal No.1911 of 2007, placed by the
appellants, it was urged that the question therein was
about equivalency of the course and the Recruitment
Rules of the year 1973, which were altogether different.
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
44. With these submissions, it was argued by Shri
Mishra, learned counsel for the writ petitioners, in sum
and substance, that the Certificate course in Livestock
Inspector possessed by the writ petitioners cannot be
discarded on the ground that the Vinayaka Missions
University did not have approval to run the said course
through distance mode without the approval of UGC and
Veterinary Council of India. It was vehemently argued
that the Veterinary Council of India, in any case, has no
role to play in the entire scenario. At no point of time
either in the year 2011 or presently, the University was /
is required to seek approval of the Veterinary Council of
India to run One year Certificate course in Livestock
Inspector through distance mode. The submission, thus,
is that the learned Single Judge cannot be said to have
committed any error of law in considering the
qualification of Livestock Inspector Certificate imparted
by the Vinayaka Missions University as a valid
qualification, in accordance with the Recruitment Rules
and holding the writ petitioners entitled to be appointed
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
to the post of Livestock Inspectors, pursuant to the
advertisement in question. The appeals in this bunch are,
thus, liable to be dismissed.
45. The learned counsel appearing for the Vinayaka
Missions University has supported the stand of Shri
Mishra, learned counsel appearing for the writ petitioners
and relied on the contents of the affidavit filed by the
Registrar of University, to defend the judgment
impugned.
46. Heard learned counsels appearing for the parties
and perused the record.
47. Considering the submissions of the learned counsel
for the parties, the question which came up for
consideration before us is as to whether the Vinayaka
Missions University is justified in imparting One year
Certificate course of Livestock Inspectors, only with the
approval of Academic Council and the Board of
Management of the University, without permission of the
UGC and recognition of the course by the Distance
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Education Council and the Indian Veterinary Council. To
answer this question, we are required to go through the
provisions of the UGC Act, regulations framed
thereunder, and the Indian Veterinary Council Act, 1984,
in order to ascertain the role of the statutory bodies in
the matter of approval and recognition.
48. Vinayaka Missions University, a Deemed University
is established under Section 3 of the UGC Act, 1956.
Section 3 provides for establishment of an Institution for
higher education, other than the University declared by
the Central Government by notification, as Deemed to be
University for the purpose of UGC Act. On such a
declaration being made, all the provisions of the UGC Act,
1956, shall apply to such institution as if it were a
University within the meaning of Clause (f) of Section 2.
Section 26(1), Clause (f) and (g) empowers UGC to make
regulations consistent with the Act and the Rules
thereunder for the purpose of : -
"(f) defining the minimum standards of instruction for
the grant of any degree by any University;
(g) regulating the maintenance of standards and the co-
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
ordination of work or facilities in Universities."
49. In exercise of the powers conferred under Clause (f)
and Clause (g) of sub-section (1) of Section 26 of the UGC
Act, 1956, the regulation known as UGC (Institution
deemed to be Universities), Regulation, 2010 (the
'Regulations, 2010' for short) were notified on
21.05.2010. The preamble of Regulations, 2010 states
that the said regulations have been framed to regulate in
orderly manner, the process of declaration of institutions
as Deemed to be Universities; preventing institutions of
dubious quality from being so declared; and further to
maintain quality of higher education imparted by
institutions Deemed to be Universities consistent with the
ideals of the concept of a university. The words
"Campus" and "Off-campus Centre" are defined in Clause
2.02 of the Regulations, 2010 to mean :-
"2.02. "Campus" means Campus of the institution
Deemed to be University at its headquarters, wherein
its major facilities, faculty, staff, students and its
Academic Departments are located in a city/ town /
village in India. While 'off-shore Campus centre' means
an approved (by the Central Government) centre of the
institution Deemed to be University beyond its Campus
in the country; an 'off-shore Campus' means an
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
approved (by the Central Government) centre of the
institution Deemed to be University beyond its Campus
and outside India."
50. Clause 12.01 of Regulations, 2010 provides that an
institution Deemed to be University shall normally
operate within its own main Campus as is declared by the
Central Government in the notification and conduct
approved programmes of study falling within the area of
its specialization. Clause 12.02, however, provides that
in the case if an institution Deemed to be University
wishes to start a new Department dealing with a subject
which is not in the field of its specialization or in an allied
field", it may do so only if that field is covered under the
objectives for which the institution Deemed to be
University was established, and with the prior approval of
the Commission. Clause 12.03 further provides the
condition under which an institution Deemed to be
University may be allowed to operate beyond its approved
geographical boundaries and start Off-campus(es) / Off-
shore Campus(es). The conditions relevant for the
controversy at hand are as under : -
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
"12.03.1 It has been in existence as an institution
Deemed to be University for a minimum period of three
years
12.03.2 xxx
12.03.3 xxx
12.03.4 xxx
12.03.5 It has obtained prior approval of the Statutory/
Regulatory body to start the new department /
programme, wherever applicable, and undertakes to
comply with all the requirements of the said body;
12.03.6 xxx
12.03.7 It has adequate financial resources for starting
the proposed new department/ Off-campus Centre/off-
shore Campus;
12.03.8 It has not entered into any franchise
agreement, either overtly or covertly, with any other
organization for establishing and running the Off-
campus Centre / off-shore Campus of the institution
Deemed to be University.
12.04 A new Department in the Campus or in the
approved Off-campus Centre shall be established by an
institution Deemed to be University only with the prior
approval of the Commission.
12.05 An Off-campus Centre shall be established by an
institution Deemed to be University with the prior
approval of the Central Government, on the
recommendation of the Commission. The Central
Government shall also consider the views of the State /
UT Government concerned where the Off-campus
Centre is proposed to be established.
12.06 An off-shore Campus of an institution Deemed to
be University shall be established with the prior
permission of the Central Government, on the
recommendation of the Commission :
Provided that the country, where such off-shore
Campus is proposed to be established, requires grant of
approval by it for such establishment, then the
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
application to the Central Government for permission
shall be made along with the approval granted by that
country:
Provided further that if the country where such off-
shore Campus is proposed to be established requires
prior concurrence of the Government of India for the
approval, referred to in the first proviso, of that country
to be granted, then the Central Government, on the
recommendation of the UGC, may give a 'No Objection'
to the proposal but such 'No Objection' shall not be
construed as permission of the Central Government to
the institution Deemed to be University to establish an
off-shore Campus. Such an institution Deemed to be
University shall also submit an undertaking that it shall
comply with all laws, norms or standards prescribed by
that country where the off-shore Campus is proposed to
be established.
12.07 An institution Deemed to be University intending
to start a new Off-campus Centre / off-shore Campus
shall apply to the Government of India in the
prescribed proforma at least six months prior to the
proposed date of starting the Centre / off-shore
Campus. The Government of India shall forward the
proposal to the Commission for its advice. In case of
establishment of a new Department in the Campus or
an approved Off-campus Centre, the application in the
prescribed format shall be sent directly to the
Commission.
12.08 The Commission shall cause to be undertaken a
spot visit / verification of the proposed Off-campus(es)
and off-shore Campus(es) to verify the infrastructure
facilities, programmes, faculty, financial viability, etc.
before sending its advice to the Central Government. In
case of a proposal for establishment of a new
Department, the Commission shall arrive at a decision
after the spot visit.
12.09 xxx
12.10 The Off-campus Centre / off-shore Campus shall
have adequate academic and physical infrastructure
facilities as per the norms and standards prescribed by
the Commission and the Statutory / Regulatory body
concerned. Such facilities shall be proportionate to the
size and activities of the Off-campus Centre / off-shore
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Campus. The off-shore Campus of the institution
Deemed to be University shall also comply with all
norms and standards of the country in which it is
established:
12.11 The Off-campus Centre/ off-shore Campus shall
be directly administered by the parent institution
Deemed to be University in matters of admission,
instruction, evaluation, conferring of degrees, etc. In
case of the off-shore. Campus, lease in the name of the
institution Deemed to be University may be acceptable
(as per the procedure of the country in which such off-
shore campus is proposed to be established). In case
lease is not permissible in any particular country, land
and other assets in the name of a Strategic Partner
shall be accepted. For this, the institution Deemed to
be University shall have a duly registered MOU /
collaboration with the Strategic Partner which shall be
governed in accordance with the law for the time being
in force, in India.
12.12 The new Department / Off-campus Centre / off-
shore Campus shall offer only those programmes of
study which are approved by the appropriate bodies of
the institution Deemed to be University and the
statutory / regulatory body concerned such as All India
Council for Technical Education (AICTE), Medical
Council of India (MCI), Dental Council of India (DCI),
Pharmacy Council of India (PCI), National Council for
Teachers Education (NCTE), Bar Council of India (BCI),
Indian Nursing Council (INC), etc. wherever applicable.
In case of any new or existing institution of higher
learning proposed to be brought under the ambit as a
constituent unit of any existing institution Deemed to
be University, only those students who were admitted
in such institutions on a date subsequent to the date of
notification of the declaration under Section 3 of the
UGC Act 1956 in regard to bringing the institution
under the ambit of the existing institution Deemed to
be University, shall be eligible for being examined by
the institution Deemed to be University and therefore,
for the award of degree or any other qualification by
the institution Deemed to be University on successful
completion of their respective courses or programmes
of study.
12.13 xxx
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
12.14 The over-all performance of an Off-campus
Centre / off-shore Campus shall be monitored by the
Commission biennially for six years and subsequently
after five years and whose directions on management,
academic development and improvement shall be
binding on the Campus.
12.15 If the functioning of the Campus/Off-campus
Centre of an institution Deemed to be University does
not meet the standards stipulated by the Commission
and remains unsatisfactory for two consecutive
reviews, as assessed by the Commission, the institution
Deemed to be University may be instructed by the
Central Government, on advice of the Commission, to
close down the Off-campus Centre / Campus concerned.
The Commission may initiate action against erring
institutions deemed to be universities even on the basis
of complaints received against such Centres /
Campuses. In the interest of the students, the
Commission may allow the Centre / Campus to function
till the last batch of students enrolled therein, as on the
date of such instruction passes out. The institution
Deemed to be University shall take appropriate steps to
safeguard the interests of the faculty/staff at the Centre
/ Campus. In the event of closure of the Centre /
Campus, the assets and liabilities thereof shall revert to
the institution Deemed to be University.
12:16 The Commission may give an 'in-principle No
Objection' to the institution Deemed to be University
for establishing an Off-campus Centre, wherever
required by the Statutory Councils, if the Commission
is so satisfied about the viability of the proposal; but
such "No Objection" shall not be construed as
permission of the Commission to the institution
Deemed to be University to establish an Off-campus
Centre. In all such cases, formal proposal(s) shall be
examined by the under these Regulations. The
institution deemed to be universities shall not admit
student(s) to its course(s) in such Off-campus Centre(s)
before the permission is granted by the Commission to
such proposal(s)."
51. In the field of open and distance learning, regulatory
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
function was initially conducted by the Indra Gandhi
National Open University (IGNOU) vide notification dated
17.06.2013 of UGC. The regulatory functions with regard
to Open and Distance Learning System was transferred
from IGNOU to UGC, which, in turn, is being controlled
by the Distance Education Bureau (DEB) of the UGC.
Meaning thereby, for imparting courses / programmes
through distance education mode, approval of the
erstwhile DEC, IGNOU till 2013 and, thereafter, approval
of UGC was / is mandatory for any University. The
education through distance learning mode, who governed
by the UGC (Open & Distance Learning) Regulation,
2017, as amended upto the date, which is now replaced
by the Regulation, 2020. As regards imparting education
through distance mode, i.e. through off-campus or off-
shore campus located elsewhere in the country beyond
the territorial limits of University, approval of UGC is
necessary, as per the said regulations.
52. By a notification dated 09.08.2001, UGC warned
Universities not to conduct courses through various
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
franchises operated by certain private institutions. The
direction was issued to all the Universities to stop
franchising, their degree education through private
agencies / establishments with immediate effect. Another
notification dated 13.05.2003 was sent to the Vice
Chancellor / Head of Institution of all the Universities
including Deemed Universities to limit distance education
to neighbourhood locations or at the most within State.
With the letter dated 16.03.2004, it was intimated to the
Vice Chancellor of the Universities to obtain prior
approval for opening academic centres, study centres,
Off-campus etc. required for imparting distance
education. Vide notification dated 05.10.2007, it was
intimated to all the Deemed Universities that strict
compliance for prior approval of UGC was to be adhered
to for opening any Study centre. It was intimated that no
technical course in the field of engineering / medical and
para-medical through distance mode, can be operated.
The categorical direction therein was that courses run
under distance mode by the Deemed to be Universities
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
should have prior approval of both the Distance
Education Council and University Grants Commission.
Any course started in violation of the said norm should be
stopped immediately. By subsequent letters sent by UGC
between the year 2008 to 2014 appended with the
affidavit filed by UGC, the above requirements were
reiterated. UGC had also issued public notices to create
awareness amongst public in order to curb menace of
programme offered through franchise arrangement with
private coaching institutions, in the name of open and
distance learning. The clarification dated 19.07.2016 was
issued by the UGC clarifying that a University (including
Deemed University) shall operate within the territorial
jurisdiction of the State only and open and distance
learning programmes cannot be imparted outside the
territorial jurisdiction of the State.
53. From the above noted statutory provisions, it is
evident that a Deemed to be University established under
section 3 of the UGC Act, 1956, governed by the
Regulation, 2010 could impart education in the field of its
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
specialization or in an allied field, through its main
campus located in the city / town / village in India or
through "Off-campus Centre" approved by the Central
Government as Centre of the institution Deemed to be
University beyond its campus in the country , or "off-
shore campus approved by the Central Government as
centre of the institution Deemed to be University beyond
its campus and outside India." Clause 12.02 of
Regulation, 2010 puts a rider for institution Deemed to
University to start a new department dealing with a
subject, which is not in the field of its specialization or in
an allied field, without the prior approval of the
Commission and that too, only if that field is covered
under the objectives for which such institution has been
established. The conditions to operate beyond its
approved geographical boundaries and start Off-campus /
off-shore campus has been narrated above, which require
prior approval of the statutory / regulatory body to start a
new department / programmes, wherever applicable.
54. As noted above, Clause 12.04 clearly provides that a
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
new department in the Campus or in the approved Off-
campus Centre shall be established by an institution
Deemed to be University only with the prior approval of
the Commission (UGC).
55. For recognition of programmes through distance
education mode, reliance is placed on two documents /
communications dated 28.02.2007 and 20.04.2011 of the
IGNOU addressed to the Vinayaka Missions University.
Placing the communication dated 28.02.2007, it was
submitted by the learned counsel for the petitioners as
also for the Vinayaka University that on the recognition of
the Expert Committee which visited the University on
04.02.2007, the Distance Education Council has granted
recognition to the courses under offer by the Faculty of
Distance Education of the University through the distance
mode for a period of 5 years, w.e.f. the date of issue of
the said letter, subject to the quality enhancement
measure mentioned therein. It is submitted that by
means of the communication dated 20.04.2011, the
expert committee comprising of UGC, AICTE, DEC
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
granted recognition offering programme through distance
education mode for the period of three academic years
2011-12 to 2013-14. We may note, at this juncture, that
amongst various programmes recommended and
approved by the Distance Education Council in its 38th
meeting, under the recommendation of the expert
committee, as noted above, One year Certificate course of
Livestock Inspectors, was not included. We may further
note that out of 49 course mentioned in the table in the
communication dated 20.04.2011, the Certificate course
of Library and Information Science, Diploma Courses of
Business Management, Business Administration, Material
Management, Marketing Management, Catering
Technology, Computer Application, Information
Technology, Hospital and Health Management, Medical
Lab Technology, Yoga Science and certificate in Medical
Lab Technician, were included.
56. Further contention of the learned counsel for the
petitioners and also for the Vinayaka Missions University
is that as per the recognition policy of DEC, appended at
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
page '73' and '74' of the paper-book, DEC does not give
approval to the programme but only to the institutions to
run courses / programmes, through distance education
mode, as approved by the statutory bodies of the
Universities. The approval from the concerned Apex /
Regulatory body is required only in the case of technical /
professional programmes offered by the University
through distance education Mode. Vinayaka Missions
University is one of the University mentioned in the list of
Universities / Institutions approved by the DEC, in its 28 th
meeting held on 23.03.2007. It was sought to be
demonstrated that ex-post facto approval was granted to
the programmes being run by the Vinayaka Missions
University up till year 2005 and further approval for five
years from February, 2007 till the year 2012, was
granted. The submission is that once institutional
recognition was granted to Vinayaka Missions University
to run courses / programmes through distance education
mode, it was competent to conduct the course with the
approval of its authorities namely the Academic Council
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
and the Board of Management. The submission is, thus,
that the approval of the programme "Certificate in
Livestock Inspectors conducted through distance
education mode" of the University by the Academic
Council and the Board of Management in the year 2005,
is sufficient compliance of the provisions of the UGC Act.
Moreover, the University Grant Commission in the "FAQs
(Frequently Asked Questions) has notified that the
diploma / certificate course are not specified by the UGC
and the Universities can run diploma / certificate courses
with the approval of its Governing Council / Statutory
Councils, wherever require.
57. Testing the above submissions of the learned
counsel for the petitioners, as endorsed by the learned
counsel for Vinayaka Missions University, it is relevant to
note that for running a programme through distance
education mode, there was a requirement of opening the
study centre / Off-campus centre with the adequate
infrastructure under the approval of the Central
Government / UGC by an institution Deemed to
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
University, to cross its geographical boundaries or go Off-
campus as noted from the various clauses of the
Regulations, 2010. It is admitted to the Counsel for the
petitioners that the petitioners did not study in any of the
Off-campus centre / study centre, being run by Vinayaka
Missions University within the territory of the State of
Gujarat or outside the territorial limit of Vinayaka
Missions Universities, Samel, Tamil Nadu. There is no
clarity as to how and in what manner, One year
Certificate course was conducted by Vinayaka Missions
University through distance education mode after the
approval of its Statutory Councils namely the Academic
Council and the Board of Management.
58. Vague averments have been made in the affidavit
filed on behalf of Registrar / Controller of Examination /
Director of Vinayaka Missions University, Salem, Tamil
Nadu that the petitioners, in this group of writ petitions,
have undergone the course of Livestock Inspectors with
practical, theory and filed training as per the syllabus.
The writ petitions are silent about the manner in which
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
the petitioners have completed One year course study of
the Certificate of Livestock Inspector, which included not
only theory but practical and field training in the syllabus.
There is no categorical statement in the writ petition that
any of the writ petitioners herein had completed requisite
course of study in theory in the main campus of Vinayaka
Missions University or in any study centre / Off-campus
centre. There is no detail of practical and field training
attained by any of the petitioners herein. Only
submission of the writ petitioners is that having passed
One year Certificate course of Livestock Inspector, after
passing 10th standard examination, they cannot be
excluded from the zone of consideration on the premise
that the Certificate course through distance education
mode was not approved by the UGC, or the Distance
Education Council.
59. In view of the aforesaid, it is difficult to ascertain as
to how and in what manner, the Certificate course of
study was imparted by Vinayaka Missions University,
insofar as the writ petitioners herein are concerned, who
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
stated to have completed the course through distance
education mode.
60. In absence of the details with regard to the manner
in which a Certificate course can be conducted through
distance education mode by an institution Deemed to be
University within the meaning of Section 3 of the UGC
Act, we are of the considered view that requirement of
imparting courses / programmes through Off-campus
study centre by Vinayaka Missions University, a Deemed
to be University as per the Regulation, 2010, has not
been fulfilled. Admittedly, no Off-campus study centre has
been established by Vinayaka Missions University beyond
its "campus" in the Country, under the approval of the
Central Government. No approval has been granted by
the UGC as indicated in the letter dated 20.04.2011. As
regards the letter dated 28.02.2007 of the IGNOU,
granting institutional recognition for the programmes
through distance education mode, imparted by Vinayaka
Missions University, suffice it to note that the approval
for five years from February, 2007 to year 2012, was
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
institutional recognition to offer courses through distance
education mode as approved by the faculty of the
Distance Education of the University. The conditions to
impart such courses as mentioned in the communication
dated 28.02.2007 are;
"I. The number of programmes needs to be pruned
down and in case of technical and professional
programmes, necessary approval must be taken from
the respective regulator, bodies before offering the
programmes.
II. Within one year from the date of recognition
given, all course materials should be transformed
systematically in self learning mode (SLM):
III. Core Faculty as per DEC norms should be
maintained for offering each programme.
IV. Further the AAV programmes, CDs, Portal should
be systematically prepared to match the level of the
programmes being offered. This should be undertaken
on top priority and completed within one year.
V. In case of offering programmes through study
centres. DEC Norms and Guidelines be adhered to.
VI. The university should inform the progress made
along the above suggestions every year."
61. None of the conditions as noted above, for imparting
One year study Certificate course in Livestock Inspectors
could be demonstrated to have been fulfilled by the
Vinayaka Missions University. There is nothing on record
to show that the norms and standards for offering
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
programmes through the distance education mode had
been adhered to by the Vinayaka Missions University, i.e.
to establish that the Certificate courses in Livestock
Inspectors was imparted by it with the approval of the
then Distance Education Council of IGNOU.
62. As noted above, from the careful reading of the
various clauses of the Regulation, 2010 framed by the
UGC, in order to regulate the institutions declared as
Deemed to be Universities and further to maintain quality
of higher education imparted by such institution, it is
evident that an institution Deemed to be University was
required to adhere to the standards / procedure
prescribed therein to start a new department or course in
the campus or to impart education through Off-campus
centre, only with the prior approval of the UGC. As no
such approval, admittedly, has been obtained by Vinayaka
Missions University to impart a new course / department
through distance education mode, it cannot be
successfully argued by the learned counsel for the
petitioners that the University was well within its
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
jurisdiction to run One year Certificate course of
Livestock Inspector only with the approval of its
Governing Council.
63. We may further note that the Regulation 2010 puts a
rider in Clause 12.02 that a new department dealing with
a subject which is not in the field of its specialization or in
an institution Deemed to be University or in an allied
field, only if that field is covered under the objectives for
which institution was established, could be started only
with the prior approval of the Commission (UGC).
64. A perusal of the communication dated 20.04.2011 of
IGNOU granting recognition to Vinayaka Missions
University by the Distance Education Council w.e.f.
academic year 2011-12 to 2013-14, indicates that the
degree courses in the faculty of Arts, Science, Commerce,
Management (Business Management, Hotel
Management), Computer, Information Technology and
Management, Hospital Administration, Medical
Laboratory Technology, Yoga Science were approved by
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
the Distance Education Council. The Certificate of
Livestock Inspector which is necessarily in the field of
Livestock and Animal Husbandry, is alien to the nature of
degree/diploma and certificate courses imparted by the
Vinayaka Missions University as approved by the
Distance Education Council of IGNOU. For the above,
even if it is accepted for a moment for the sake of
arguments that the Academic Council of the University
was competent to approve the course in Livestock
Inspector through distance education mode, prior
approval from the UGC for commencing a new course in a
new field which was not in the field of its specialization or
in an allied field, namely the Certificate in Livestock
Inspector, was required in view of Clause 12.02 of the
Regulation, 2010. In our considered opinion, it was not
open for the Vinayaka Missions University to run a
Certificate course in Livestock Inspectors through
distance education mode without prior approval of the
UCG, in view of the above provision.
65. For the reasons noted above, One year Certificate
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
course in Livestock Inspector obtained by the petitioners
herein from the Vinayaka Missions University cannot be
said to be a valid course qualification. This apart, the
Veterinary practice and courses are regulated by the
Indian Veterinary Council Act, 1984. From the statement
of the object and reasons for establishment of Indian
Veterinary Council by the Act, 1984, it can be discerned
that the Act, 1984 was enacted to regulate Veterinary
practices and to provide for the establishment of a
Veterinary Council of India, State Veterinary Council and
the maintenance of Registers of persons qualified to
engage in faculty practices for the whole of India and for
matters connected therewith or ancillary thereto. As
defined in section 2(j) as noted above, a "Veterinary
Institution" means any University or Institution or other
institution which grants degrees, diplomas or licences in
Veterinary Science and Animal Husbandry. The
"Veterinary qualifications" granted by any of the
Veterinary Institution in India are included in First
Schedule of the Act, 1984 as 'recognized veterinary
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
qualifications' for the purposes of the Act, 1984. For any
additional qualifications not included in the First
Schedule, a notification is to be made by the Central
Government in consultation with the Veterinary Council.
66. A question came up for consideration before the
Punjab and Haryana High Court with regard to the
validity of diploma in Livestock Assistance from Vinayaka
Missions University, Salem, Tamil Nadu in the year 2008-
09, in the recruitment exercises for the post of
'Veterinary Livestock Department Assistant' in the State
of Haryana. The contention of the petitioner therein, who
were excluded from the zone of consideration that the
Vinayaka Missions University is a Deemed University
under Section 3 of the UGC Act and / or programme
imparted it through by distance education are approved
by the Distance Education Council vide letter dated
17.02.2004, had been noted therein. It was further noted
that the Veterinary Council of India established under the
provisions of the Indian Veterinary Council Act, 1984, has
power to recognize a diploma or certificate as per Section
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
30 along with its proviso. Under section 15 of the Act,
only those qualifications which are included in the First
Schedule can be recognized as valid veterinary
qualifications. It was further noted therein that diploma
or the certificate courses for the purpose of 'Minor
Veterinary Services' obtained by the petitioners have not
been recognised by the Veterinary Council of India and
the issue as to who is the competent authority to
recognize such diploma courses was accordingly,
answered in light of the provisions of Section 30 of the
Act, 1984. The answer given therein was that the power
to recognize the qualifications in Veterinary Science is
exclusively vested with the Veterinary Councils of India
and not UGC, it being a statutory body at par with any
other regulatory authority like Medical Council of India,
Dental Council of India, etc. It is the Veterinary Council
of India alone which can recognize the qualification in
Veterinary Science in view of the express power
conferred upon it under section 15 of the Act. The
diploma courses possessed by the petitioners therein had
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
not been recognized by the Veterinary Council of India,
and, thus, cannot be said to be valid qualification. It was
further held that Vinayaka Missions University may have
recognition as Deemed University under section 3 of the
UGC Act, but the diploma courses imparted by it cannot
be validated, unless such course is further recognized by
the Veterinary Council of India in exercise of its powers
under section 15 of the Act, 1984.
67. Having noted the above, we are required to further
record that the certificate course in Livestock Inspector,
as demonstrated before us, is a specialized course dealing
with the Livestock. 'Minor Veterinary Services' to be
provided by the Livestock Inspectors would require the
following job profiles and responsibilities to be carried
out by the Livestock Inspectors, as notified by the
Government of Gujarat vide notification dated
29.11.2012: -
• "Application or administration of the drugs as
specified in the "Schedule H" of the Drugs and
Cosmetic Rules, 1945 under the Drugs and Cosmetic
Act, 1940 (23 of 1940) strictly as prescribed by a
registered Veterinary practitioner.
• Compounding and dispensing of drugs / therapeutic
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
preparations.
• Rendering preliminary aid through oral
administration of analgesics and antipyretics in cases
of pain and fever.
• Performing castration by closed method, de-horning,
dis-budding and de-beaking.
• Assisting registered Veterinary practitioner in
surgical gynaecological interventions.
• Prophylactic vaccinations of animals.
• Handling of superficial aliments like wounds,
superficial haemorrhages, burns etc.
• Washing of mouth, hooves, feet, udder etc. with
antiseptic / medicated preparation in condition like foot
and mouth disease, mastitis, stomatitis etc.,
• Collection and dispatch of blood, serum, urine,
faeces, semen, milk and other specimens for
Laboratory examination.
• Assisting in the surveillance of infectious diseases,
laboratory investigations and other related technical
works including outbreak control measures.
• Collect, compile, maintain and report disease related
data.
• Providing first-aid in emergencies, namely :-
a) Lightning stroke
b) Sun stroke / frostbite
c) Electric shock
d) Poisoning
e) Snake bite
f) Drowning
g) Prolapse of vagina/uterus
h) Retention of Placenta
i) Dystokia
j) Dressing of naval cord in new born
k) Simple fracture
l) Docking in case of injury / infection
m) Indigestion
n) Anorexia
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
o) Tympany / bloat
p) Horn injuries
q) Wild animal attack
r) Natural Calamities
s) Accidents etc.".
68. Looking to the duties and responsibilities of
Livestock Inspector, the relevance and importance of
hands-on-training, cannot be said to have been
undermined. The Veterinary Institutions/courses are
governed by the Indian Veterinary Council Act, 1984 as
noted above. Looking to the job profile of the posts of
Livestock Inspector, the skill which they are required to
acquire in hands-on-training cannot be acquired through
the distance education mode. Moreover, the Vinayaka
Missions University which has been recognized as
Deemed to be University for running courses in the
faculty of Art, Science, Commerce, Management, Hotel
and Hospital Management, Business Management,
Hospital and Business Management, Computer and
Information Technology, has not been recognized as
"Veterinary Institution" within the meaning of Section 2(j)
read with Section 15 of the Act, 1984. There is nothing
on record that Vinayaka Missions University is imparting
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
such Certificate course in Livestock Inspector through
regular mode and, as such, there was no question of
imparting the said course through distance education
mode. There is nothing on record to demonstrate that the
Vinayaka Missions University had requisite infrastructure
and faculty to impart such a course.
69. For the above discussion, the contention of the
learned Senior Counsels appearing for the appellants that
One year Certificate course in Livestock Inspectors
imparted by Vinayaka Missions University and possessed
by the petitioners herein, cannot be said to be valid
qualification as Vinayaka Missions University is not
recognized to impart such course through distance
education mode, is found to be justified.
70. Learned Single Judge while allowing the writ
petitions seems to have been swayed away by the
assumption that the Vinayaka Missions University being
a recognized Deemed University under the provisions of
the UGC Act, is empowered to award any degrees or a
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
course on its own. The communication dated 28.02.2007
of IGNOU was given undue consideration to hold that the
programme of distance mode of the faculty of distance
education of the Vinayaka Missions University was
recognized and hence, the action of the respondents in
not considering the Certificate of Livestock Inspector
issued by the said University for the purpose of being
qualified, is mistaken.
71. With due respect to the learned Single Judge, we
may record that while holding so, the learned Single
Judge has failed to take note of the above referred
statutory provisions, covering the field, which are enacted
for maintaining the standards of higher education,
professional education, and specialized education in the
Country, both by conventional method and distance
education mode.
72. For the reasoning given above, we have reached at
an irresistible conclusion that the judgment and order
dated 8.2.2023 passed by the learned Single Judge in
NEUTRAL CITATION
C/LPA/1058/2022 CAV JUDGMENT DATED: 06/09/2023
undefined
Special Civil Application No.8556 of 2020 and connected
other matters, allowing the writ petitions directing for
inclusion of the names of the writ petitioners /
respondents herein in the merit list of Livestock
Inspector, is liable to be set aside. The exclusion of the
names of the writ petitioners/ respondents herein from
the merit list prepared by the Gujarat Subordinate
Service Selection Board, treating One year Certificate / in
Livestock Inspector possessed by them, as invalid, is
found to be justified in the facts and circumstances of the
instant case.
73. For the above, all the Appeals, in this bunch, are
allowed. Consequently, all the Writ Petitions, in the
group, stand dismissed.
74. All Civil Applications do not survive for
consideration, accordingly, the same stand disposed of.
Sd/-
(SUNITA AGARWAL, CJ )
Sd/-
(N.V.ANJARIA, J)
Bharat / Gaurav / Amar
